Jump to full article: AP, 2004-10-27
Author: Associated Press
Intro: A split appeals court supports a new trial for a former American Airlines flight attendant who lost her claim against the tobacco industry that secondhand cigarette smoke caused her sinus disease.
A three-judge panel of the 3rd District Court of Appeal ruled 2-1 in favor of a new trial Wednesday for Suzette Janoff, which Circuit Judge Leslie Rothenberg ordered after trial.
The majority agreed with Rothenberg that expert testimony for cigarette makers was unfairly "bolstered" by a defense attorney after questions by the woman's attorney punched a hole in his conclusions.
After testifying that allergies caused the woman's condition, the expert conceded that one medical group's Web site said secondhand smoke could aggravate sinus conditions.
Cigarette makers argued that Janoff's attorney, Steven Hunter, opened the door for the testimony.
Hunter called the decision a "stinging rebuke" of conduct at the September 2002 trial.
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