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Welch
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Tobacco firms win case 

Jury rejects complaint
Jump to full article: Independence (MO) Examiner, 2003-06-18
Author: DARLA McFARLAND / The Examiner

Intro:

A Jackson County jury Tuesday rejected the claims of 30-year smoker seeking damages from tobacco companies for her lung cancer.

Linda Welch, 52, of Springfield, Mo., claimed the cigarette makers failed to give sufficient warning of the dangers of smoking. . .

Independence attorney Ken McClain represented Welch. He said this morning that the jury was "sidetracked" by the defenses' attacks on his client's personal life.

"It is not a new tactic in these cases, it just happened to work on this particular jury," McClain. . .

McClain is bringing two more tobacco trials to Jackson County courts this year. Trial dates are set for August and October. He has 18 of the cases filed with the court.

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RJ Reynolds wins smoker suit 

Jump to full article: UPI, 2003-06-17

Intro:

A Missouri jury Tuesday returned a unanimous verdict in favor of the R.J. Reynolds Tobacco Co. in an individual smoking and health case.

After deliberating six hours, the jury concluded that Reynolds Tobacco and two additional tobacco-company defendants are not responsible for the illness of Linda Welch, a smoker who claimed she developed lung cancer from smoking the RJR's' products.

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Tobacco Companies Not Liable, Jury Says 

Verdict in a $9-million suit filed by a Missouri cancer patient is the latest victory for the industry in a series of damages claims.
Jump to full article: Bloomberg News, 2003-06-18

Intro:

Philip Morris USA, R.J. Reynolds Tobacco Holdings Inc. and Brown & Williamson Tobacco Co. convinced a jury that they weren't responsible for the lung cancer of a Missouri woman, the companies said Tuesday.

A state court jury in Independence, Mo., deliberated about six hours before rejecting claims by Linda Welch, a 30-year smoker who was diagnosed with cancer in 1995.

Welch, 51, had sought $9 million in compensatory damages in the trial that started May 12.

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R.J. Reynolds Tobacco Company Wins Welch: Individual Smoker Suit in Missouri 

Jump to full article: PR Newswire, 2003-06-17
Author: Source: R.J. Reynolds Tobacco Company

Intro:

A Missouri jury today returned a unanimous verdict in favor of R.J. Reynolds Tobacco Company in an individual smoking and health case. After deliberating for six hours, the jury concluded that Reynolds Tobacco and two additional tobacco-company defendants were not responsible for the illness of Linda Welch, a smoker who claimed that she developed lung cancer from smoking the companies' products.

"This verdict shows once again that jurors who have seen the evidence generally use their common sense and conclude that smokers have long been aware of the well-known risks of smoking, and that people who choose to smoke in the face of these known risks should not be financially rewarded," said Jeff Furr, Reynolds Tobacco's lead attorney in the case.

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· Welch

UPDATE - Top three U.S. cigarette makers win smoker suit 

(Adds background on other cases, byline)
Jump to full article: Reuters, 2003-06-17
Author: Jessica Wohl

Intro:

The top three U.S. cigarette makers said on Tuesday they won a unanimous jury verdict in an individual product liability suit in Missouri, adding to the general string of success they have had in individual suits.

The plaintiff, Linda Welch, had claimed the three defendants -- Philip Morris USA, R.J. Reynolds Tobacco Co. and Brown & Williamson Tobacco Corp. -- were responsible for her lung cancer.

Welch, 51, had asked the jury to award her almost $9 million in compensatory damages and to find she was also entitled to punitive damages against the companies, Philip Morris USA, the domestic tobacco unit of Altria Group Inc. (NYSE:MO), said in a statement. . .

In a research note, Prudential Securities tobacco analyst Rob Campagnino said, "We continue to believe that individual trials alone are not significant drivers of tobacco valuations, but we view this as an additional positive data point that has followed on what we view as a fairly successful two months for the tobacco industry." . .

The three defendants in the Welch case are set to go to trial this August in another individual suit in Independence, Missouri

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State Court Jury Finds Tobacco Companies Not Liable in Missouri Smoker's Lawsuit 

Jump to full article: Business Wire, 2003-06-17
Author: Source: Philip Morris USA

Intro:

A Missouri Circuit Court jury today returned a unanimous verdict in favor of Philip Morris USA and two other tobacco companies in a case brought by a smoker.

Linda Welch, 51, had asked the jury to award almost $9 million in compensatory damages and find that she also was entitled to punitive damages against PM USA, R.J. Reynolds Tobacco Co. and Brown and Williamson Tobacco Co. She was diagnosed with lung cancer in 1995, and again in 2002.

"Although Ms. Welch has a serious disease, this jury reached the correct verdict based on the law and the facts presented in this case," said William S. Ohlemeyer, Philip Morris USA vice president and associate general counsel.

"In these cases, the real issues are whether people who smoke are aware of the risks of smoking, whether they've been warned about those risks and who the law holds responsible for the informed choices they make. We believe the evidence on each of these issues clearly favored the defense," Ohlemeyer said.

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Categories
· Lawsuits
USA, by State
· Missouri
Lawsuits
· Welch

UPDATE - Top three U.S. cigarette makers win smoker suit 

(Adds details of verdict, comments from companies and industry analyst)
Jump to full article: Reuters, 2003-06-17

Intro:

The top three U.S. cigarette makers said on Tuesday they won a unanimous jury verdict in an individual product liability suit in Missouri.

The plaintiff, Linda Welch, had claimed the three defendants -- Philip Morris USA, R.J. Reynolds Tobacco Co. and Brown & Williamson Tobacco Corp. -- were responsible for her lung cancer.

Welch, 51, had asked the jury to award her almost $9 million in compensatory damages and to find she was also entitled to punitive damages against the companies, Philip Morris USA, the domestic tobacco unit of Altria Group Inc. (NYSE:MO), said in a statement. . .

In a research note, Prudential Securities tobacco analyst Rob Campagnino said, "We continue to believe that individual trials alone are not significant drivers of tobacco valuations, but we view this as an additional positive data point that has followed on what we view as a fairly successful two months for the tobacco industry."

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