Jump to full article: AP, 2004-01-12
Author: JON SARCHE / Associated Press
Intro: The R.J. Reynolds Tobacco Co. asked a federal appeals court Monday to toss out a $15 million judgment awarded to a Kansas smoker in a case experts say is unusual because the punitive damages were calculated by a judge, not a jury.
Arguing before a three-judge panel of the 10th U.S. Circuit Court of Appeals, Robert Klonoff said the judge awarded David Burton far too much money after concluding R.J. Reynolds fraudulently concealed information under a law that didn't apply in Kansas.
"There is not one shred of evidence that the punitive damages related to the alleged misconduct in Kansas," Klonoff said.
Burton, 69, sued R.J. Reynolds and the American Tobacco Co. in 1995, saying the companies knew from the early 1950s that cigarettes were addictive and dangerous, but kept the knowledge secret for financial reasons. . . .
A few months later, U.S. District Judge John Lungstrum awarded Burton $15 million, saying the tobacco company's concealment of how addictive cigarettes are was "particularly nefarious." . . .
Project attorney Edward Sweda said that was significant because a judge's ruling could carry more weight on appeal than a jury's determination of damages.
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