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92-year-old wins $1.9 million tobacco judgment over wife’s death  

Jump to full article: CNN, 2009-08-13

Intro:

A Florida jury awarded a 92-year-old man $1.9 million in compensatory damages for the death of his wife, a former two-pack-a-day Marlboro smoker who started when she was 16 and died in her 70s, attorneys said Thursday.

The jury of five women and one man deliberated for slightly more than a day before awarding a total of $5.3 million and finding Philip Morris USA 36.5 percent responsible for the lung cancer that plaintiffs said killed Leon Barbanell's wife, Shirley, attorneys for both sides said.

Shirley Barbanell herself was deemed 63.5 percent responsible.

Plaintiff's attorney Jonathan Gdanski said the jury found a design defect and a breach of warranty.

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