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• September 2002 Verdict for Tobacco Industry in Secondhand Smoke Lawsuit Is Overturned Due to 'Highly Prejudicial' Evidence That Was Improperly Admitted 

Dade County, Florida, Circuit Court Judge Leslie B. Rothenberg on Wednesday granted the plaintiff's motion for a new trial in the case of a former American Airlines flight attendant, Suzette Ahrendt Janoff, who had sued the major tobacco companies after she suffered from chronic sinusitis and other ailments attributable to her on-the-job exposure to secondhand smoke. Judge Rothenberg concluded that counsel for the tobacco defendants had misled the Court concerning Florida law on the use of authoritative texts, thereby introducing evidence to bolster the opinions rendered by their medical experts.

The Court ruled on January 8 that "almost immediately during direct examination the Defendants began introducing inadmissible testimony to bolster the opinions" formed by the industry's expert witness, Dr. Anderson. . .

Judge Rothenberg concluded that this evidence from Dr. Anderson, who denied that secondhand smoke causes the illness (chronic sinusitis and other injuries Ms. Janoff contends were caused by her on-the-job exposure to secondhand smoke) at issue in the case, was "highly prejudicial.

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