Apostolou v. American Tobacco Co.(Personal Injury NY Sup. Ct. 1997 Def. Verdict) Citation: 276 A.D.2d 586 (16 October 2000)
This individual personal injury suit was filed against the American Tobaco Co., Lorillard, Philip Morris, R.J. Reynolds, Liggett, Brown & Williamson, the Tobacco Institute, and the Center for Tobacco Research on April 17, 1997.
The case was heard in the Supreme Court of the State of New York, County of Kings. On June 2, 2000, the judge granted plaintiff's motion for a joint trial with a number of related cases.
On an interlocutory appeal, the Supreme Court, Appellate Division, Second Department, New York (276 A.D.2d 586) reversed the judgment on October 16, 2000. The court held that despite common issues of law and fact, the plaintiffs' individual smoking and medical histories would make a joint trial impractical and prejudice the defendants.
The trial was held in two parts. In Phase I, the jury found that smoking had caused the plaintiff's lung cancer on November 20, 2000. In Phase II, the same jury returned a verdict for the defendants on January 16, 2001. No appeal has been filed.