Tobacco.org

SHELLY: At trial: Gray area of fault 

Called to jury duty recently, I noticed a peculiar transformation as the selection process wore on.

Almost all the panelists said there was no way we could sit through a tobacco trial expected to last four weeks. By the end of the questioning, though, people didn't want to be rejected, either. I kind of wanted to be on the jury myself, though I damaged my prospects considerably when I accidentally referred to the plaintiff in a different tobacco case as "the victim." . . .

With their verdict, jurors seemed to recognize Thompson's suffering while also heeding defense arguments that cigarettes are a legal product and that Thompson knew of their dangers. Jurors did not award punitive damages. It seems like a verdict that gives both sides some due.

One argument in favor of tobacco litigation is that it may force manufacturers to be more responsible with marketing and product development. I hope there's truth in that, because Michael Thompson is walking testimony of the great harm that smoke and nicotine can inflict.

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