Dead Smoker's Daughter Gets $20 Million In Damages

Postby Tama on Tue 25/Aug/09 11:45am

Woman's mum smokes lots, and dies of lung cancer. Apparently this is worth $20 million and the cigarette company must pay. Much that I like to see big tobacco getting reamed in painful ways this seems waaaay excessive.

Note that a jury in 2002 thought Philip Morris should pay US$28 billion in damages :exclaim:

http://www.stuff.co.nz/world/americas/2 ... warded-20m wrote:A US federal jury has decided that cigarette maker Philip Morris USA should pay US$13.8 million (NZ$20.42 million) in punitive damages to the daughter of a long-time smoker who died of lung cancer.

The Los Angeles jury returned the verdict on Monday, voting 9-3 in favour 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 US$28 billion in punitive damages to Bullock, but a judge later reduced the award to US$28 million.

In 2008, the 2nd US 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 US$28 million remained excessive.

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

Betty Bullock, 64, started smoking Marlboros when she was 17 and later turned to Benson & Hedges, both Philip Morris products.

Attorneys for Philip Morris argued Betty Bullock could have stopped smoking at anytime and the harmful effects of cigarettes were known to smokers.
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Re: Dead Smoker's Daughter Gets $20 Million In Damages

Postby nagem on Tue 25/Aug/09 11:49am

Holy crappola!!!
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Re: Dead Smoker's Daughter Gets $20 Million In Damages

Postby iodi on Tue 25/Aug/09 12:15pm

What proof is there that smoking caused lung cancer in this case?

From studies of large populations we know that about 80% of lung cancers are caused by smoking. But people who don't smoke can get lung cancer, and not all smokers will get lung cancer. A smoker getting lung cancer does not prove a causal link in their specific case.

Without proof, how can damages be awarded in an individual case?
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Re: Dead Smoker's Daughter Gets $20 Million In Damages

Postby Henry Dorset Case on Tue 25/Aug/09 1:24pm

big big big difference between having the verdict and having the cash.

Just saying.
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Re: Dead Smoker's Daughter Gets $20 Million In Damages

Postby Henry Dorset Case on Tue 25/Aug/09 1:24pm

iodi wrote:What proof is there that smoking caused lung cancer in this case?

From studies of large populations we know that about 80% of lung cancers are caused by smoking. But people who don't smoke can get lung cancer, and not all smokers will get lung cancer. A smoker getting lung cancer does not prove a causal link in their specific case.

Without proof, how can damages be awarded in an individual case?


get off the weed, hippie.
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Re: Dead Smoker's Daughter Gets $20 Million In Damages

Postby nagem on Tue 25/Aug/09 1:57pm

Henry Dorset Case wrote:
iodi wrote:What proof is there that smoking caused lung cancer in this case?

From studies of large populations we know that about 80% of lung cancers are caused by smoking. But people who don't smoke can get lung cancer, and not all smokers will get lung cancer. A smoker getting lung cancer does not prove a causal link in their specific case.

Without proof, how can damages be awarded in an individual case?


get off the weed, hippie.


*stares*
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Re: Dead Smoker's Daughter Gets $20 Million In Damages

Postby neels on Tue 25/Aug/09 2:39pm

And how will they make the money to pay her?

By selling more cigarettes of course :p
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Re: Dead Smoker's Daughter Gets $20 Million In Damages

Postby iodi on Tue 25/Aug/09 3:44pm

Henry Dorset Case wrote:
iodi wrote:What proof is there that smoking caused lung cancer in this case?

From studies of large populations we know that about 80% of lung cancers are caused by smoking. But people who don't smoke can get lung cancer, and not all smokers will get lung cancer. A smoker getting lung cancer does not prove a causal link in their specific case.

Without proof, how can damages be awarded in an individual case?


get off the weed, hippie.

:lol: Weed causes lung cancer too :p
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Re: Dead Smoker's Daughter Gets $20 Million In Damages

Postby Oli on Tue 25/Aug/09 7:11pm

Pretty sure they would have had to pretty much prove the lung cancer was caused by smoking during the court case. :eh:
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Re: Dead Smoker's Daughter Gets $20 Million In Damages

Postby lubie on Tue 25/Aug/09 9:19pm

Oli wrote:Pretty sure they would have had to pretty much prove the lung cancer was caused by smoking during the court case. :eh:
IT'S OLI TO THE RESCUE!!! :D
superOli.JPG
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Re: Dead Smoker's Daughter Gets $20 Million In Damages

Postby Oli on Tue 25/Aug/09 9:28pm

I'm pretty sure I used the word pretty too much in that sentence. :hmmm:
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Re: Dead Smoker's Daughter Gets $20 Million In Damages

Postby Ski on Tue 25/Aug/09 11:20pm

Oli wrote:Pretty sure they would have had to pretty much prove the lung cancer was caused by smoking during the court case. :eh:


I'm pretty sure they wouldn't have been allowed to smoke during the court case. :sneaky:
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Re: Dead Smoker's Daughter Gets $20 Million In Damages

Postby Ski on Tue 25/Aug/09 11:30pm

Oli wrote::baaa:


Romans go home. .............Conjugate the verb "to go"

Now write it a hundred times.
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