Tobacco Documents Online

1224 1 2 A P P E A R A N C E S: 3 4 BARRETT LAW OFFICES 5 Attorneys for Plaintiffs 6 404 Court Square North 7 Lexington, Mississippi 39095 8 BY: JOHN W. "DON" BARRETT, ESQ., 9 of Counsel 10 -AND- 11 FREDERICK B. CLARK, ESQ. 12 114 Walthall Street 13 Greenwood, Mississippi 39095 14 -AND- 15 BYRD, DAVIS & EISENBERG 16 707 West 34th Street 17 Austin, Texas 78705 18 BY: DON DAVIS, ESQ. 19 -and- 20 MIKE DAVIS, ESQ., 21 of Counsel 22 23 24 25

1227 1 2 A P P E A R A N C E S: (Continued) 3 4 CHADBOURNE & PARKE 5 Attorneys for Defendant American Tobacco Company 6 30 Rockefeller Plaza 7 New York, New York 10112 8 BY: THOMAS E. BEZANSON, ESQ. 9 -and- 10 THOMAS E. RILEY, ESQ., 11 of Counsel 12 13 CALVIN R. KING, ESQ. 14 Attorney for Defendant New Deal 15 Tobacco & Candy Company 16 114 East Mulberry 17 Durant, Mississippi 39063 18 19 ALSO PRESENT: 20 DR. PRESTON LEAKE 21 22 23 24 cn 25 m j co m rn Ln ~j

1226 1 2 A P P E A R A N C E S: (Continued) 3 4 BLACKMON, BLACKMON AND EVANS 5 Attorneys for Defendant American Tobacco Company 6 232 W. Peace Street 7 Canton, Mississippi 39046 8 BY: EDWARD BLACKMON, JR., ESQ., 9 of Counsel 10 -AND- 11 HICKMAN, RAYBURN & GOZA 12 1305 Madison Avenue 13 Oxford, Mississippi 38655 14 BY: SHELBY D. GOZA, ESQ., 15 of Counsel 16 17 18 19 20 21 22 23 24 25

1225 1 2 A P P E A R A N C E S: (Continued) 3 HOLCOLMB, DUNBAR, CONNELL, CHAFFIN & WILLARD 4 Attorneys for Plaintiffs 5 1217 Jackson Avenue 6 Oxford, Mississippi 38655 7 BY: JACK F. DUNBAR, ESQ., 8 of Counsel 9 -AND- 10 McTEER & ASSOCIATES 11 P.O. Box 1835 12 Greenville, Mississippi 38702-1835 13 BY: CHARLES VICTOR McTEER, ESQ., 14 of Counsel 15 16 UPSHAW, WILLIAMS, BIGGERS, PAGE & KRUGER 17 Attorneys for Defendant American Tobacco Company 18 211 W. Washington Street, Room 219 19 Greenwood, Mississippi 38930 20 BY: JAMES E. UPSHAW, ESQ. 21 TOMMIE G. WILLIAMS, ESQ. 22 -and- 23 LONNIE D. BAILEY, ESQ., 24 of Counsel 25 m ~ co a ~ m ~ Ln

1353 1 h 2 "Question: Does the term 3 multifactorial mean that there are many possible 4 causes for a particular disease? 5 "Answer: Yes. The term 6 multifactorial applies to causes of disease. 7 "Question: In your medical opinion, 8 is cancer a multifactorial disease? 9 "Answer: It can be. Different 10 cancers have different causes. 11 "Question: In your medical opinion, 12 is poorly differentiated adenocarcinoma of the 13 lung a multifactorial disease? 14 "Answer: It can be, but in smokers 15 such as Nathan Horton, cigarette smoking is 16 probably the dominant cause. 17 "Question: In your medical opinion, 18 are all the possible causes of cancer known 19 today? 20 "Answer: Probably not. More is known 21 about some types of cancer than others. 22 "Question: In your medical opinion, 23 are all the possible causes of adenocarcinoma of 24 the lung known today? 25 "Answer: Probably not, but in smokers

1355 1 h 2 histological appearance of Mr. Horton's carcinoma 3 of the lung from the histological appearance of 4 adenocarcinoma of the lung in non-smokers? 5 "Answer: Present with Mr. Horton's 6 adenocarcinoma was the pulmonary emphysema with 7 bullae, which is very frequently found in smokers 8 but much more rarely found in non-smokers. 9 "Question: At page 7 of the 10 microscopic notes of your autopsy report on 11 Nathan Horton performed January 27, 1987, you 12 made the statement, 'In my opinion, the pulmonary 13 emphysema with bullae and adenocarcinoma of the 14 lung are related to the patient's past history of 15 60 packyears of chronic cigarette smoking.' Do 16 you mean by that statement that you have 17 concluded to a reasonable degree of medical 18 certainty that Nathan H. Horton's emphysema with 19 bullae and adenocarcinoma of the lung were caused 20 by cigarette smoking? 21 "Answer: Yes, that is my medical 22 opinion." 23 That concludes the deposition on 24 written questions of Dr. Smith. 25 This would be a good time for us to

1354 1 h 2 such as Nathan Horton, cigarette smoking is 3 probably the dominant cause. 4 "Question: In your medical opinion, 5 may the causes of adenocarcinoma of the lung in 6 non-smokers also cause adenocarcinoma of the lung 7 in smokers? 8 "Answer: It is possible, but in 9 smokers such as Nathan Horton, cigarette smoking 10 will be a dominant contributing cause even if 11 some of the possible causes play any causative 12 role. 13 "Question: Does the pathology of 14 Mr. Horton permit you to conclusively rule out as 15 a possible cause of his cancer those known and 16 unknown causes of adenocarcinoma of the lung in 17 non-smokers? 18 "Answer: This cannot be answered yes 19 or no. Some causes can be ruled out. However, 20 Nathan Horton's 60 packyear history of smoking is 21 probably the dominant causative factor of his 22 lung cancer. 23 "Question: Was there anything that 24 you observed or learned in your conduct of 25 Mr. Horton's autopsy that distinguished the

THE CIRCUIT COURT 3 OF LAFAYETTE COUNTY, MISSISSIPPI 4 ----------------------------------------x 5 ELLA MAE HOWARD HORTON, and 6 NATHAN RANDALL HORTON, Widow and Son 7 of Nathan Henry Horton, Deceased, 8 Individually and on behalf of all 9 wrongful death beneficiaries and 10 the Estate of the Deceased, 11 Plaintiffs, 12 -against- No. 12325 13 THE AMERICAN TOBACCO COMPANY and 14 NEW-DEAL TOBACCO AND CANDY COMPANY, INC., 15 Defendants. 16 ----------------------------------------x 17 September 12, 1990 18 8:35 a.m. 1. 19 20 TRIAL PROCEEDINGS: VOLUME I 21 22 B E F O R E: 23 THE HONORABLE EUGENE BOGEN 24 25 1223

1356 1 h 2 take a brief break, if the Court would allow,-for 3 our noon hour. 4 THE COURT: We'll go ahead and break 5 for the lunch hour at this point. I ask the jury 6 to return at one o'clock. It is about a quarter 7 of 12. 8 Once again I remind you not to discuss 9 the case among yourselves or with anyone else. 10 We will be in recess until 1 o'clock. 11 (Luncheon recess taken at 11:45 a.m.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25

1352 1 Dr. O'Neal-redirect 2 Q. Counsel kept asking you if 3 Mr. Horton's emphysema was a substantial 4 contributing cause of his death, and I believe 5 you said no, and I ask you was it one of the 6 contributing causes, and what is your answer to 7 that? 8 A. I think that it had some small 9 percentage influence on his death, sure. It just 10 had to by interfering with his breathing 11 capacity. 12 MR. DON DAVIS: No further questions, 13 your Honor. May this witness be excused? 14 THE COURT: Any objection? 15 You may be excused. 16 (Witness excused.) 17 MR. DON DAVIS: At this time we would 18 like to offer into evidence a very brief, three 19 and a half page deposition on written questions 20 of Dr. George F. Smith. Ladies and gentlemen, 21 this is the pathologist who did the autopsy on 22 Mr. Horton. 23 This deposition was taken, and the 24 following question was asked to Dr. Smith after 25 he is sworn.