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Jury Finds Addiction to Philip Morris Cigarettes Led to Wife's Lung Cancer, Death
Jump to full article: PR Newswire, 2009-08-14
Author: SOURCE Boardroom Communications
Intro: A 92-year-old plaintiff was awarded more than $5.3 million in damages after a jury decided his then-73-year-old wife died of lung cancer caused by years of cigarette smoking manufactured by Phillip Morris.
The trial in Broward County Circuit Court pitted Leon Barbanell, the husband of Shirley Barbanell, against Philip Morris USA Inc. In Phase 1 of this trial, the jury decided cigarettes caused Ms. Barbanell's lung cancer and eventual death in 1996. After a day of deliberations in Phase 2, the jury awarded Leon Barbanell 5.3 million dollars in damages.
"Leon Barbanell is a patient man who has waited 13 years to get into the courtroom and present his case to a jury," said Steven J. Hammer, who tried the case with Jonathan Gdanski. Both are attorneys with the Schlesinger Law Firm of Fort Lauderdale, which represented Ms. Barbanell's estate.
"Since the day he and his wife watched on TV as tobacco executives told Congress in 1994 that their products weren't addictive or harmful, Shirley knew they were lying," Gdanski said. "Mr. Barbanell just wanted his day in court. Finally, he has prevailed."
. . .
Philip Morris admitted no fault, even refuting whether Ms. Barbanell had lung cancer. The jury saw otherwise, concluding that Ms. Barbanell died of lung cancer caused by her addiction to nicotine in cigarettes. The jury assessed more than a third of the fault of Ms. Barbanell's death to the cigarette maker.
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