Tobacco.org

• Jury awards punitive damages to smoker's daughter 

A jury on Monday recommended that cigarette maker Philip Morris USA should pay $13.8 million in punitive damages to the daughter of a longtime smoker who died of lung cancer.

The panel voted 9-3 in favor of Bullock's daughter Jodie Bullock, who is now the plaintiff in the case. Betty Bullock died of lung cancer in February 2003.

She had sued Philip Morris in April 2001, accusing the company of fraud and product liability. A jury in 2002 recommended Philip Morris pay a record $28 billion in punitive damages to Bullock, but a judge later reduced the award to $28 million.

In 2008, the 2nd U.S. District Court of Appeal reversed the jury's decision and remanded the case for a new trial over the punitive damages. Philip Morris said the $28 million remained excessive.

However, the original jury recommended the tobacco company pay Bullock $750,000 in damages and $100,000 for pain and suffering, a verdict that still stands. . . .

"After hearing weeks of improper arguments and evidence that violated state and federal law on punitive damages, the jury still managed to reject plaintiff's patently unreasonable request," said Murray Garnick, Altria Client Services senior vice president, speaking on behalf of Philip Morris. "Even so, we believe that any punitive damages award is unwarranted based on the facts in this case and that this award is unconstitutionally excessive."

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After hearing weeks of improper arguments and evidence that violated state and federal law on punitive damages, the jury still managed to reject plaintiff's patently unreasonable request. Even so, we believe that any punitive damages award is unwarranted based on the facts in this case and that this award is unconstitutionally excessive.
Murray Garnick, Altria Client Services senior vice president, speaking on behalf of Philip Morris, on the $13.8 M Bullock judgment.

Some of us looked at it as an opportunity to deter this behavior. I don't find $13.8 million to be much of a deterrent.
Matt Reed, 37, of Burbank one of the three dissenting Bullock jurors, who believed Philip Morris should pay a higher amount than the verdict.