Tort Law

Jury Says Philip Morris Must Pay $300M to Longtime Smoker

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A jury in South Florida says Philip Morris USA must pay $300 million, including $244 million in punitive damages, to a 25-year Benson & Hedges smoker who argued that the cigarette company committed fraud by concealing the dangers of smoking from her.

Lawyers for Lucinda “Cindy” Naugle, who is a sister of a former Fort Lauderdale mayor, said she started smoking in 1968 at age 20 to look older and more sophisticated. But, even though she quit 25 years later, they told the jury, she now has emphysema, reports the Sun-Sentinel. At age 60, she has trouble performing simple tasks, sometimes uses a wheelchair and constantly has the sensation of drowning, her counsel argued.

In a written statement, Philip Morris says it will appeal yesterday’s Broward County Circuit Court verdict.

Murray Garnick, a senior vice president and associate general counsel for Altria Client Services, the cigarette maker’s parent, says “a fundamentally unfair and unconstitutional trial plan” put evidence before the jury that was unrelated to Naugle’s own experience. Additionally, he states, “we believe that the punitive damages award is grossly excessive and a clear violation of constitutional and state law.”

Naugle was represented by Bob Kelley, Todd Falzone and Todd McPharlin of Kelley Uustal in Fort Lauderdale.

Hat tip to the Wall Street Journal’s Health Blog.

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