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· Schwarz, Michelle

Oregon jury deliberates in Philip Morris trial 

Jump to full article: Reuters, 2002-03-18

Intro:

A jury began deliberations on Monday in a $305 million suit charging Philip Morris Cos. Inc. (NYSE:MO) with fraud, negligence and liability in the death of an Oregon woman who died of lung cancer after smoking low-tar cigarettes.

Michelle Schwarz, who began smoking in 1964 and switched to low-tar Merit cigarettes in 1976, died in 1999 at age 53. Her estate sued Philip Morris, the world's largest tobacco company, in state court.

The closely watched case hinged on Schwarz' decision to switch to low-tar cigarettes because she believed they were less hazardous.

Schwarz ``suffered injury and death as a direct result of her reliance on the defendant's misrepresentation,'' Lawrence Wobbrock, the attorney for Schwarz' estate told the jury during the trial, which entered its seventh week on Monday.

Philip Morris attorneys maintained that Schwarz, who went to nursing school and married a physician, was aware of the risks of smoking and chose to continue.

``The warnings are no different on a package of full-flavored cigarettes than they are on low-tar cigarettes,'' James Dumas, the Philip Morris attorney, said.

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