Jury Awards $14M to Smoker's Daughter

(AP)  A jury has decided that cigarette maker Philip Morris USA should pay $13.8 million in punitive damages to the daughter of a longtime smoker who died of lung cancer.

The Los Angeles Superior Court jury returned the verdict Monday, more than eight years after the smoker, Betty Bullock, sued the company for fraud and product liability. The panel voted 9-to-3 in favor of 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 $28 billion in punitive damages to Bullock, but a judge later reduced the award to $28 million.

In 2008, the 2nd U.S. 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 $28 million remained excessive.

However, the original jury ordered the tobacco company to pay Bullock $750,000 in damages and $100,000 for pain and suffering, a verdict that still stands.

Betty Bullock, 64, of Newport Beach, started smoking Marlboros when she was 17 and later turned to Benson & 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.

Philip Morris is a unit of Richmond, Virginia-based Altria Group Inc.

[panola60]

Obama needs to quit smoking and then tell Americas children not to smoke.

[cbsblogger]

Big tobacco deserves to face punitive damages. It is just that attorneys and individuals should reap the rewards. Much of the award should go to a fund that helps society such as a health care clinic for poor.

[onesword]

The air you breathe is bad for your health, the water you drink, the food you eat, the house you live in, etc. etc. etc. Everything you do or digest promotes some type of illness. Smoking is not and will not be only the only factor in causing cancer. Maybe it's the cities that people live in builds that risk as well. So now your going to sue your local gov't because you all breathing in filthy air? Nope. Because you are not aware of it?

[onesword]

The air you breathe is bad for your health, the water you drink, the food you eat, the house you live in, etc. etc. etc. Everything you do or digest promotes some type of illness. Smoking is not and will not be only the only factor in causing cancer. Maybe it's the cities that people live in builds that risk as well. So now your going to sue your local gov't because you all breathing in filthy air? Nope. Because you are not aware of it?

[tomanyt]

Now why would they have awarded this ladies idiot mother $14 million dollars? Its not like she didn't know smoking was going to kill her.

[heresmy2cent]

This award will be appealed until the tobacco company finds the right court to overturn it. Sadly, the plaintiff will most likely die of old age before she collects a dime.

[hgomez031]

First of all everything is bad for you these days. Yo non smokers that say smoking kills--well many of you are fat and overweight and although you dont smoke, your arteries are clogged so please. Even you non fat folks, you can day any time by getting in a car accident, plane exploding in mid air, tripping, falling. So please save me the "Smoking is bad for you" b.s. and in addition your breathing pretty nasty air already everytime you get in your car and drive behind another car. This award is b.s. I hope phillip morris appeals it if they can. Everyone wants a hand out in this country these days because people here are getting real greedy. I hope attitudes change or this country is going down the toilet real fast.

[donnerwetter]

Only an American jury made up of ignorant, stupid, naive citizens would come to such a verdict. God help anyone who has to go before a jury in this country. Anyone who smokes, knows that it can cause cancer, it is sad that we have millions of idiots in America who still smoke.

[jackp32]

The article does not say who held a gun to her head while the dumb arse puffed away. This is a case of another jury in America, just like our society, blaming someone else rather than the hapless, spineless idiot who decided to smoke for umpteen years knowing it was dangerous to her health. It doesn't get any dumber than that.

[Solarrays247]

The only thing dumber are those people who actually believe Palin regarding those dere "death panels." ;=)

[Samuel-HiLL]

Well, it didn't until you posted your comment...

[Solarrays247]

incog-nito August 25, 2009 12:19 AM EDT
In America you have the right to a trial by a jury of your peers. And the jury has spoken. Case closed.
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Yep! ;=)