Peoples' ignorance scares me I love this:
Philip Morris to Pay $3 BillionThe Associated Press
Jun 6 2001 11:11PMLOS ANGELES (AP) - A jury Wednesday awarded a cancer-stricken smoker more than $3 billion from tobacco giant Philip Morris, the largest judgment against a cigarette maker in a lawsuit brought by an individual.
The Superior Court jury found against Philip Morris on all six claims of fraud, negligence and making a defective product. Some legal experts cautioned, however, that the award might not stand.
Richard Boeken, 56, was awarded $3 billion in punitive damages and $5.5 million in general damages.
``We thought that figure would hurt them, make them stand up and take notice,'' juror Denise Key said of the punitive damages. ``We want them to be responsible, to put on their product that the product will kill so when you smoke you smoke at your own risk.''
It was the largest jury award won by an individual against a cigarette maker. The largest judgment against the tobacco industry in a class-action lawsuit was $145 billion awarded last year to thousands of sick Florida smokers. Philip Morris was one of five tobacco companies in that case.
Boeken, who suffers from incurable lung cancer, smiled and gave a thumbs-up sign as the 18-page verdict was read. He declined to speak to reporters after the hearing.
Philip Morris attorney Maurice Leiter said he will appeal.
``We recognize Philip Morris is an unpopular company. It makes a dangerous product, but clearly, the evidence does not support this verdict,'' Leiter said.
He said the company believes Boeken ignored ``a mountain of information'' about the health risks of smoking and chose to continue his habit.
Boeken's attorney, Michael Piuze, said he did not know how the jury set the award amount.
``I don't know where it came from, but we're pleased,'' Piuze said.
The award may not pass a new test adopted by the U.S. Supreme Court, some attorneys warned.
``The punitive damage award has to bear some relationship to compensatory damage,'' said attorney Michael Hausfeld, who sued tobacco companies in May, claiming they violated federal racketeering laws to hook children on cigarettes.
``Clearly here the punitive award is an expression of total outrage and I'm not sure under the Supreme Court test for a single individual that kind of a differential would be upheld,'' Hausfeld said.
Boeken had sought more than $12 million in compensatory damages such as medical bills and lost earnings, and between $100 million and $10 billion in punitive damages.
He was diagnosed in 1999 with lung cancer, which has spread to his lymph nodes, back and brain. He took up cigarettes in 1957 at age 13 and was smoking at least two packs of Marlboros every day for more than 40 years. Piuze said his client had kicked heroin and alcohol, but renewed his smoking habit after trying to quit several times.
Piuze argued that his client was a victim of a decades-long tobacco industry campaign to promote smoking as ``cool'' while the company concealed the serious dangers of smoking.
During closing arguments, Piuze said Philip Morris is ``the world's biggest drug dealer, something that puts the Colombian drug cartels to shame.''
Attorneys for Philip Morris didn't deny that smoking caused Boeken's illness but argued that he ignored health warnings about the dangers of cigarettes and chose to smoke despite the risk.
The jury began deliberations on May 22. Jurors during the 7-week trial were presented with evidence that included company memos and videotaped depositions from Boeken and clips of tobacco company executives' 1994 congressional testimony.
Juror Ann Anderson said her intent was not punish the company.
``I think in the jury room a lot of people thought we wanted to punish Philip Morris,'' she said. ``It wasn't to punish them. It was to make them stand up and take notice.''
The verdict was the latest in a series of tobacco industry courtroom losses. Earlier this week, a New York City jury found tobacco companies liable for deceptive business practices, ordering them to pay up to $17.8 million to treat ailing New York smokers.
There have been six earlier cases in which plaintiffs won individual awards since the mid-1990s, said Richard Daynard, a law professor and chairman of the Tobacco Products Liability Project at Northeastern University School of Law in Boston.
But only one of those plaintiffs has actually received any money, a 70-year-old ex-smoker who got $1.1 million from Brown & Williamson Tobacco Corp. after a 1995 jury award. The company is appealing the verdict to the Supreme Court, but was ordered to make the payment.
Three others are being appealed, while the other two have been overturned.
Shares of Philip Morris finished regular trading Wednesday at $50, down 83 cents. In after-hours trading, shares fell $1.75 to $48.25.
APO/Tobacco-Trial/
Copyright © 2001 The Associated Press. The information contained in the AP news report may not be published, broadcast, rewritten or otherwise distributed without the prior written authority of The Associated Press. (Dear AP, I gave you credit, please don't sue me for cw infringement...yadda yadda...thanks)
Okay... we all have known for *years* that smoking can hurt you. I mean, hello, people die every year in house fires for breathing in the smoke.....
Granted, cigarettes haven't always said "warning: bad for you" on them but anyone with only a smidgen of common sense in them would realize that they couldn't possibly be good for you!
So this stupid fucker gets 3 billion dollars!
"He kicked Heroin...." i guess that shows us just how intelligent he is. Along with the Jury that ruled in his favor.
Gives new meaning to the whole "Just remember: when you go to court, you are trusting your fate to twelve people that weren't smart enough to get out of jury duty" joke.
Like the dumbass that spilled coffee on herself and sued mcdonalds.
So I don't deny that tobacco companies put nicotine enhancing stuff in their cigarrettes. That doesn't mean that I have the right to sue them for $3 billion because I'm a nitwit.
it's like:
"I ate too much ice cream and now i'm obese, have high blood pressure and cholesterol and I just had a heart attack so I think I'm going to sue the company that makes the ice cream for $3 billion"
Humans constantly amaze me. And not in a good way. It's sorta sad when you find yourself having less and less faith in the human race every day.
*sigh*
This is right up their with ignorant SOBs that try to ban books (you should take a look at the 50 most banned books in america list sometime). I'm not even gonna go into that one (it's right up there in frustration with people that want to take away a woman's right to choose and people that blame video games and music for their children's misbehaving instead of looking at their own shitty parenting etc etc)
Read my husband's
rant for a similar view...
okay... i have to get off the soapbox now or i'll give myself a brain anyuerism (sp?) and have people start flaming me (which i am not in the mood for)
blegh
Current Mood: infuriated