Jury Awards $14M to Smoker's Daughter

Woman Sued Philip Morris for Fraud and Product Liability; Mother, a Longtime Smoker, Died of Lung Cancer

(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.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Yep! ;=)

[Blatensphere]

When will people take responsibility for their own decisions and lives?

A woman smokes her whole life and sues... and wins.

A woman drops coffee on herself and sues... and wins.

A guy uses a lawnmower to cut his hedges, loses fingers, and sues... and wins.

The planet is blame-crazy. Take responsibility for yourself!!

[moonbeam91]

Hey, did anyone make her mother smoke? My mom started smoking when she was 11 years- old and quit at 66. She is now 82 & does have the ailments alot of people her age have. Should she develop lung cancer I can sue the cigarette manufacturers? This is ridiculous. This type of lawsuit should never be allowed to go forward. I'm sure the jurors agreed simply because they are projecting a quick way to make a buck later on themselves. What about the people who never smoked & do die of lung cancer? Who do you sue? & When you die of any other desease that you can indirectly associate to someone's death who do you sue? I don't have a dime & don't smoke but it's aggravating to learn how easily this people sue & get these huge sums. Has anyone heard the word RESPONSIBILITY?

[hungry1968-16]

She didn't know that cigarettes were dangerous when she was smoking?

[MPHgrad]

Yes, tobacco is a serious public health problem. However, regardless of when the surgeon general warning first appeared on the packages, who could have really thought that igniting and inhaling sticks was healthy? Greater investments should have been made for cessation programs in the 70s and 80s and carried to today. Alcohol, sugar, and lard producers had better watch out. Everyone is looking for someone to blame instead of taking responsibility.

[moonbeam91]

DITTO!

[stoltz61]

When are people going to take responsibility for their own actions instead of blaming others for their habits? The federal and state governments say they want people to quit smoking but cry like babies when their tax collections go down! Americans are greedy and want to be paid for their own bad habits!

[GuyfromUSA]

I'm sorry, People should not be rewarded for stupidity.

[Solarrays247]

GuyfromUSA August 25, 2009 7:34 AM EDT
I'm sorry, People should not be rewarded for stupidity.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

You should be sorry, GuyfromPa.

[endurorob]

hower4 August 25, 2009 6:41 AM EDT
This is excellent news, but more cases would be better. More and bigger damages will help cripple the tobacco industry and put their prices sky high................... who could possibly object to that?



Yes, we wouldn't want people to be responsible for their own actions. The dangers of smoking are known and have been known. You are told about it in school. T.V and radio adds tell you. The cigarette packs aven have warnings.

[hower4]

Of course people are responsible for their own actions, including the people who sell products that have no useful function and they KNOW will kill users.

If you worked in the tobacco industry would you feel you were doing a worthwhile job? If you could work in cancer research instead, which would you choose?

[hower4]

This is excellent news, but more cases would be better. More and bigger damages will help cripple the tobacco industry and put their prices sky high................... who could possibly object to that?

[hower4]

On reflection, it would be better still if the damages to the tobacco companies had to be matched with an equal contribution to cancer and lung disease research. Can US courts do that?

[ccdsswrkr09]

the entire country. Do you know how much money the government gets from taxing cigarettes? If cigarettes were to completely go away, the government would find something else to tax, something...like....Alcohol, or FOOD. Then you'll really be peeved.

[hower4]

by ccdsswrkr09 August 25, 2009 8:51 AM EDT
If cigarettes were to completely go away, the government would find something else to tax, something...like....Alcohol, or FOOD.
------------------------------
They already do, or hadn't you noticed? The government relies on idiots like you! You thought Iraq was responsible for 9/11 too, didn't you?

[tiredofit8]

Okay, READ this very carefully. I am tired of this argument. I think smoking is horrible for you and it's a nasty habit. I do not support the tobacco companies. However, what the tobacco companies say it true. It has NEVER been proven that smoking causes cancer. It contibutes to cancer, it can speed up the development of cancer, it can even weaken the immune system which makes one more vulnerable to cancer, but it has never been proven to CAUSE cancer. People do bad things to themselves all the time. We live in a world that loves to sue for a quick buck. I hope the daughter doesn't get a cent!

[incog-nito]

In America you have the right to a trial by a jury of your peers. And the jury has spoken. Case closed.