Posted by guest-writer | Posted in Personal Injury News
According to a New York Times article, Phillip Morris recently paid former smoker – Lucinda Naugle - $300 million in the state of Florida because of lung injuries she suffered.
As a result of her years of smoking she needed a lung transplant, and she sued the tobacco company as a result.
In the state of Florida, smokers can no longer file class action lawsuits due to a state Supreme Court ruling back in 2006. But the ruling also made it so that smokers who do file individual lawsuits have less to prove.
The Florida Supreme Court ruling made it easy to pursue tobacco lawsuits in the state. In the 2006 trial, the Supreme Court rejected a class action lawsuit for $145 million. The ruling stated smokers needed to file individually.
Even though the plaintiffs lost the lawsuit, the Florida Supreme court stated with individual lawsuits the individual has fewer burdens of proof.
The court stated plaintiff’s do not have to prove the following: nicotine is addictive, smoking causes disease, and that cigarette companies fraudulently hid these facts from the public.
In the case of 61-year-old Lucinda Naugle, she was awarded $56 million in compensatory damages and $244 million in punitive damages for suffering from lung injuries.
Naugle started smoking when she was 20, and quit smoking when she was 45 years old.
According to her lawyer – Robert W Kelley - Naugle suffers from “severe emphysema and needs a lung transplant that she cannot afford.”
The jury placed 10 percent liability on Naugle for choosing to smoke, thus causing her to suffer from lung injuries.
Law experts’ claim this verdict may open up the door for future lawsuits against tobacco companies.
Plaintiffs from the 2006 class action lawsuit have begun to file separate lawsuits from suffering their injuries.
The Altria Group - Phillip Morris’ parent company - claims it will appeal the verdict and that they do not agree with the state’s rules as they were “fundamentally unfair and unconstitutional.”
Spokesman for the Altria Group - Brendan J. McCormick - stated the company believes the federal court will reject Florida’s “standards of proof.”
The company is confident they will win the appeal. The counsel for Phillip Morris stated, “We believe that the punitive damages award is grossly excessive and a clear violation of constitutional and state law.”
So far this verdict is the largest sum awarded a smoker in a Florida state lawsuit against the tobacco companies, the New York Times reported.
Here is to every individual, and or corperation that may seem ,that the awards in lawsuites against the tabacco companies are rediculous. First I say to you loose a loved one. A father, an uncle(brothers ) 2 grandfathers , a father in law, 3 friend who have lost countless members of their families as well. Live with them while they are on their death beds. It is unimaginable. Go through all the pain and plan your parents death knowing they are dying. Then say that the tabacco companies are being cheated in settlements of law suites. Who is being cheated, those that have died or dying are being cheated the right to live! The families who have lost loved ones are being cheated. Those babies, children, grandchildren,brothers,sisters,mothers, fathers etc. wake up people. The tabacco C E O’S. should be put in prison for life or hung! “Let me kick out the chair”! I wish those who truley think like me stand up and voice your oppinion. Use this site or any site on the web to expose these scum bag companies. Do you know what they put in ciggarettes? Do your home work… And wake up. If you have any means via internet or fliers, or word of mouth, speak out against the tabacco companies.. Im curious to see how many of their employees smoke.
Tobacco Companies are legally killing people and getting away with it. They are probably paying off government officials. I just found out I have emphysema after 40 years of smoking. I quit using the patch. My life has been cut short from tobacco. I’m checking to see if I can sue them!
A tobacco analyst for Morgan Stanley said that the tobacco industry could afford several hundred million dollars a year in legal losses. “That is a financially manageable issue,” David Adelman said.
HE IS AS DUMB AS THE SMOKERS.WE TAX PAYERS BAIL OUT THE DUMB FINANCIAL INSTITIONS.IF YOU HAD PARENTS THAT CARED ,YOU KNEW THAT SMOKING WAS BAD 4 U. THIS IDEA THAT ONE SHOULD SUE,BECAUSE OF THEIR OWN STUPIDITY IS WRONG.
Nice decision guys just sue the tobacco company because lots and lots of people die using tobacco. in my survey it goes higher than accidents death.
I am also looking into it. I just lost my mom this month due to smoking she was 62 years old, she had been smoking since she was 15 and my dad died three years ago at the age of 62 he had lung cancer. A long time ago when my parents started smoking they had commercials that were showing how smoking was cool. I have lost both of my parents due to smoking. If anyone knows who i can call please let me know. Thanks
How do I find out if there any law cases about people suffering the effects of their mothers smoking while they were pregnant?