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Jump to full article: Findlaw, 2005-02-23
Author: Kenneth Bradley, Esq. Tobacco Industry Litigation Reporter
Intro: A former smoker who had both of his legs amputated due to circulation problems has lost his $15 million punitive damages award against R.J. Reynolds Tobacco Co. after the 10th Circuit said Kansas law does not recognize claims for fraudulent concealment against a tobacco company.
David Howard, a spokesman for R.J. Reynolds, said the company is pleased the three-judge panel agreed unanimously to throw out the punitive damages award. He said the U.S. Court of Appeals for the 10th Circuit acted appropriately in finding that plaintiff David Burton's claim for fraudulent concealment should not have proceeded under Kansas law.
Although the 10th Circuit reversed the claim that led to the punitive damages award, the panel upheld the rest of Burton's claims -- for failure to warn and failure to test -- and the resulting $200,000 in compensatory damages. His attorney was also pleased with the ruling.
"This is one of the most favorable [opinions] in any tobacco case" for plaintiffs, said Kenneth B. McClain of Humphrey, Farrington & McClain.
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