Tobacco firm must pay damages to dead smoker's daughter
A US jury recommended that cigarette maker Philip Morris USA should pay $13.8m (€9.7m) in punitive damages to the daughter of a longtime smoker who died of lung cancer.
The panel voted 9-3 in favour of Betty Bullock’s daughter Jodie Bullock, who is now the plaintiff in the case.
Betty Bullock died of lung cancer in February 2003.
She had sued Philip Morris in April 2001, accusing the company of fraud and product liability.
A jury in 2002 recommended Philip Morris pay a record $28bn (€19.6bn) in punitive damages to Bullock, but a judge later reduced the award to $28m (€19.6m).
In 2008, the 2nd District Court of Appeal reversed the jury’s decision and remanded the case for a new trial over the punitive damages. Philip Morris said the $28m (€19.6m) remained excessive.
However, the original jury recommended the tobacco company pay Bullock $750,000 (€525,000) in damages and $100,000 (€70,000) for pain and suffering, a verdict that still stands.
In a statement, Richmond, Virginia-based Altria Group Inc, which owns Philip Morris, said any amount given to Mrs Bullock’s daughter is unwarranted.
“After hearing weeks of improper arguments and evidence that violated state and federal law on punitive damages, the jury still managed to reject plaintiff’s patently unreasonable request,” said Murray Garnick, Altria Client Services senior vice president, speaking on behalf of Philip Morris.
“Even so, we believe that any punitive damages award is unwarranted based on the facts in this case and that this award is unconstitutionally excessive.”
Defence attorney Frank P. Kelly said outside the Los Angeles court that Philip Morris has not decided yet whether to appeal the decision.
The plaintiff’s attorney Michael Piuze said the jury’s verdict amounted to a “slap on the wrist for Philip Morris”.
“I liked it better when it was $28bn (€19.6bn),” said Mr Piuze, who represented Betty Bullock after she filed the lawsuit. “She wanted me to beat the crap out of Philip Morris, and we did it once.”
Betty Bullock, 64, of Newport Beach, started smoking Marlboros when she was 17 and later turned to Benson and Hedges, both Philip Morris products.
Attorneys for Philip Morris argued Betty Bullock could have stopped smoking at anytime, and the harmful effects of cigarettes were known to smokers.
