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- Smoker's widow seeks $130 million in damages
Smoker's widow seeks $130 million in damages
- By ILS corp
- Published 02/26/2009
- ILSTV Stories
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The six jurors next will deliberate on damages in the lawsuit filed by Elaine Hess, whose husband Stuart Hess died in 1997 at age 55 after decades as a chain smoker. The jury previously found that Hess was hopelessly addicted to the nicotine in cigarettes.
Hess lawyer Gary Paige said evidence overwhelmingly showed that Philip Morris and other companies for decades used deceptive advertisement, attacked health studies about smoking risks and raised doubts about links to cancer to continue selling their products they long knew were deadly.
Philip Morris lawyer Kenneth Reilly urged jurors to focus on Hess's own choices when it came to cigarettes, which he said carried known health concerns for many decades.
The jury was asked to award Elaine Hess and her son, David, more than $30 million to compensate for Stuart Hess's premature death and almost $100 million to punish Richmond, Virginia-based Philip Morris USA, a unit of Altria Group. Key to the total award is how much responsibility jurors decide Hess must bear for continuing to smoke and how much Philip Morris is to blame.
The Hess case was the first to go to trial since the Florida Supreme Court in 2006 voided a $145 billion class-action jury award in the highest punitive damage award in U.S. history. The court said each smoker's case had to be decided on its own merits, but let stand that jury's findings that tobacco companies knowingly sold dangerous products and hid risks from the public.
The Hess trial, which began Feb. 3, included video of the widely discredited 1994 testimony before Congress in which the chiefs of the major cigarette makers, including Philip Morris, denied that smoking was addictive.
The Hess case has been closely watched by the tobacco industry and by the thousands of other Florida smokers and survivors who have sued. Although it does not have direct legal impact on those other lawsuits, the Hess case could signal how many of them will turn out.
The original Florida lawsuit was filed in 1994 by a Miami Beach pediatrician, Dr. Howard Engle, who had smoked for decades and couldn't quit. The class of smokers was estimated at up to 700,000 when the giant $145 billion award was issued in 2000.
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8 Responses to "Smoker's widow seeks $130 million in damages " 
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said this on 27 Feb 2009 10:35:54 AM PDT
Court settlement should be made based on the amount of lost wages for a premature death. I find it hard to beleive that Mr Hess would have made or accumlated $30M in his remaining lifespan. I beleive laswsuits like this are a ploy to obtain money for irresponsibility in managing ones own life
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said this on 27 Feb 2009 11:52:23 AM PDT
I absolutely agree Beverley!! When are people going to be made to be responsible for the choices they make in their life? As an ex-smoker I can say it's a choice you make everytime you purchase or light up. People can choose to stop smoking...millions of us have.
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said this on 27 Feb 2009 12:00:14 PM PDT
I quit smoking after doing it for years. There is no reason that anybody else can't stop. Although i agree the marketing is there to tell us to keep smoking, it is a decision you have to make for yourself.
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said this on 27 Feb 2009 12:59:22 PM PDT
I think people should be responsible for their own choices aswell. This kind of lawsuit is just encouraging people to "pass the buck" so to speak. It does not teach our young people to make good choices and stick with them. If they choose to make bad choices then you suffer with the consequences of your OWN actions.
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said this on 06 Mar 2009 10:40:30 AM PDT
I totally agree with all of the above. I myself was a smoker for many years, it was tough when I quit but I still did it. I knew my health was going downhill and the only person who could fix that was myself. People have to be accountable for their own actions. There is so much help available for those who want to quit smoking. Take control and do something with it.
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said this on 21 May 2009 11:27:15 AM PDT
I have to agree as well, it's our choice & only our choice, being a smoker who has quit several times but keep lighting back up, it's entirely my choice to do so,my weakness,no one else's.I know of the dangers of smoking,it's all around us every day,unfortunately I choose to ignore it.....but I do know that I'm not going to sue someone for it & I pray nor will my family......
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said this on 22 May 2009 5:01:05 PM PDT
The reason huge amounts of money are awarded against powerful corporations is to deter them from continueing thier negative practices. $100 thousand or even $1 million is like chump change. You need to knock them down with something that will encourage to change thier practice. It has to be an amount that motivates them and anyone else thinking of doing the same violations.
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said this on 17 Jun 2009 10:17:27 AM PDT
When are people going to start taking responsibiltiy for their own actions? I smoked for 20 years before quitting. I decided I wanted to live my life instead of smoke, laid them down in 1999 and haven't smoked since. It wasn't easy, but it was my choice to smoke and my choice to quit. What's next, are we going to start sueing the alcohol companies because we have cerosis of the liver from being an alcohol for 20 years? Come on people, this is wha't wrong with society and the economy, everbody wants to make a buck of someone else and it's always someone elses fault. What are we taching the younger generations????
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