Jump to full article: AP, 2005-02-03
Author: David A. Lieb Associated Press
Intro: Gov. Matt Blunt on Thursday criticized a $20 million judgment against a tobacco company as an "egregious" example of a court system in need of reform.
Blunt's comments came a day after a Jackson County jury awarded the punitive damages to the family of deceased smoker Barbara Smith, of Lee's Summit.
Jurors also awarded $2 million in actual damages, but Smith's family will get just $500,000 of that because the jury found Smith 75 percent at fault and Brown & Williamson Tobacco Corp. -- the makers of Kool cigarettes -- 25 percent at fault.
Blunt, a Republican, has called for caps on punitive damages as part of his legislative package. . . .
Rep. Richard Byrd, R-Kirkwood and the chief sponsor of the "tort reform" legislation, called Smith's case a prime example of what he is trying to stop. . . . .
The family's attorney, Ken McClain, argued during the trial that cigarette makers must be held accountable . . . .
"I would be surprised if, on reflection, Republican lawmakers want to side with tobacco companies that kill people for a living," said McClain, adding: "One of the problems you have is that people are driving the debate for political gain as opposed to merit." . . .
Sen. Delbert Scott, R-Lowry City and the chief Senate sponsor of the bill, said he included the punitive damages cap in this year's version primarily at Byrd's initiative. But Scott said he might support an exception to the cap in some types of cases -- perhaps in tobacco lawsuits.
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