Tobacco.org

Kansas City jury finds cigarette maker liable for death ($$) 

A jury comprised of three smokers and several people with stated biases against smokers found a tobacco company liable for the death of a woman who smoked for 52 years.

The jury awarded $2 million in actual damages and $20 million in punitive damages for the life of Barbara Smith.

On the actual damages, they found Smith 75 percent at fault for her death and the makers of the Kool brand cigarettes she smoked 25 percent at fault.

"We were able to demonstrate that this individual had been lied to by the tobacco company," said Independence, Mo., attorney Kenneth B. McClain of Humphrey, Farrington, & McClain P.C. "The jury felt [the tobacco company] was lying to them, and they were willing to overlook their biases against smokers." . . .

McClain's other tobacco victories include $200,000 in actual damages and $15 million in punitive damages in the Kansas City, Kan., federal case, David Burton vs. R.J. Reynolds Co., and a $2 million verdict in Michael Thomas vs. Phillip Morris and Brown and Williamson Tobacco Corp. In Thomas, the jury found equal fault for the tobacco company and the smoker.

"We're getting better all the time," McClain said.

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