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FRIDAY, NOVEMBER 27, 2009
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Addiction Led to Smoker's Death: Jury

Widow scores first blood in potentially groundbreaking trial

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(Newser) – Addiction to cigarettes caused chain smoker Stuart Hess’ death from lung cancer, a Florida jury ruled yesterday, paving the way for his widow to receive damages from Phillip Morris. The case is the first of 8,000 to spin out of a landmark 1994 class-action suit. That case's $145 billion award was overturned in 2006, and though the Hess verdict won’t directly affect the other 7,999 plaintiffs, it is being closely watched, the Miami Herald reports.

The Florida Supreme Court ruled in 2006 that all the smokers needed to individually prove that cigarette addiction caused their illness. Hess’ widow has now done that. But the trial isn’t over, Phillip Morris was quick to point out. The jury will next assign fault for Hess’ death, and could place it squarely on the smoker’s shoulders.

The court ruled that Stuart Hess' addiction to cigarettes caused his death.
The court ruled that Stuart Hess' addiction to cigarettes caused his death.   (Shutterstock)
Addiction to cigarettes caused Stuart Hess' death, a jury ruled today.
Addiction to cigarettes caused Stuart Hess' death, a jury ruled today.   (Shutterstock)
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How do you compare his inability to quit and continuing to sell an addictive product? That is a calculation that doesn't lend itself to an easy comparison. - Carl Tobias, law professor at the University of Richmond in Virginia

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4 comments
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stw111
Feb 13, 09 11:55 AM CST
I feel for the family and their loss; my grandfather smoked since he was a soldier in WWII, and died 3 years ago of lung cancer. But, we all have our own free will, and I highly doubt that anyone shoved cigs in his mouth and made him smoke. They are addictive, yes, and so are drinking and other vices. There is a warning on the side of the box for a reason. Reply
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Mad
Feb 14, 09 1:03 PM CST
Actually, America became addicted to cigs in large part because they used to put three of them in every c-ration soldiers ate during WWII. Millions came home from the war hooked on nicotine, and by 1964 over 50% of all adults smoked. The tobacco companies have long known exactly what they were doing
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scottaco
Feb 13, 09 3:03 PM CST
Smoking is indeed addictive. Unless they prove that Phillip Morris intentionally placed addictive chemicals (aside from the pure tobacco), I don't see how they can be blamed for ailments or death. Either ban 'em or let it go. Reply
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riffran
Feb 15, 09 6:03 PM CST
The knowledge that ciggys are bad for you has been out.....a while......and the warning labels have been on the boxes for a loooong time....they are nasty stinky little killers....but nobody put a gun to MY head to make me smoke, and thank god above I was able to quit the nasty habit before I contracted some form of disease from it....To start and to stop was all my doing, ...alone....I wish anybody that wants to quit the best of luck....that stuff aint easy to let go of Reply
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