Missouri smoker's family wins $20.5M US
Last Updated: Thursday, February 3, 2005 | 12:34 PM ET
CBC News
The Jackson County judgment is the fifth largest ever given in the United States in a wrongful death lawsuit against a tobacco company. There have been 14 such jury awards to date.
Barbara Smith smoked Kool cigarettes for almost five decades before she kicked the habit in 1990. She died 10 years later of a heart attack at the age of 73, after developing heart and lung disease.
- INDEPTH: Tobacco lawsuits: The Insider
Jurors decided Wednesday that her relatives should get $20 million in punitive damages from Kool brands maker Brown & Williamson.
A day earlier, the same jury had set actual damages in the case at $2 million, but found Smith herself to have been 75 per cent responsible for those damages and the tobacco company 25 per cent at fault. As a result, the family will get $500,000 from that finding.
Lawyers for Smith's family had argued that she would not have started smoking or continued to smoke had she been fully informed about the harm cigarettes could do. They blamed the tobacco company for hiding evidence of those harmful effects from the public.
The company's lawyers said Smith's fatal heart attack could not be linked to her smoking, given that she was elderly and had high cholesterol, high blood pressure and diabetes.
Calling the damage amounts "grossly excessive," Brown & Williamson asked the judge in the case to set aside the jury's recommendation.
There are precedents for that to happen.
- INDEPTH: The Philip Morris admission
A judge in Los Angeles recently reduced a jury award for a 45-year-old smoker with lung cancer from $28 billion to $28 million. That suit was brought against Philip Morris USA.
Another California jury awarded $3 billion in a wrongful death tobacco lawsuit in 2001, but a judge reduced the amount to $100 million.
Share Tools
Top News Headlines
- Tories move to curb 'bogus' refugees
- The Conservative government is poised to change the refugee system yet again in an attempt to deter what it considers "bogus" claimants, CBC News has learned. more »
- Children of immigrants challenged at school, home
- By 2016, foreign-born youth and Canadian-born youth from immigrant families will make up a quarter of the country's population, according to predictions by the Canadian Council on Social Development. As their numbers grow, more attention is being paid to their successes and failures. more »
- 2 NDP MPs back final Commons vote to kill gun registry
- Two NDP MPs broke party ranks to vote with the government in the final House of Commons vote on scrapping the long-gun registry. more »
- B.C. house party trial hears from tearful teens
- Two teenagers cried as they testified at the trial of a B.C. woman who was charged after a teen died while her son was hosting a party at her house in 2008. more »
Latest World News Headlines
- Syria's Assad calls for vote but steps up assault
- As Syrian forces stepped up their assault on rebellious cities, President Bashar al-Assad ordered a referendum on a new constitution that would create a multiparty system in a country that has been ruled by his autocratic family dynasty for 40 years. more »
- Malnutrition kills 2 million kids a year
- Five children around the world die every minute because of chronic malnutrition, according to a new report. more »
- Whitney Houston's funeral to be held Saturday
- Pop star Whitney Houston's funeral service will be held Saturday in the New Jersey church where she first showcased her singing talents as a child. more »
- Canadian businessman convicted of rape in U.S.
- An Algerian-born Canadian businessman has been convicted of raping a woman in a luxury hotel room in New York after meeting her out on the town in January 2010. more »
Dispatches »
- Syrian refugees' defiance and division Feb. 14, 2012 4:48 PM With the deadly game in Syria changing almost daily, CBC's Derek Stoffel in Turkey met militant refugees who reflect the division in the rebel forces about whether to go it alone or wait for the international community to back them against the current regime.
Connect Newsroom Blog
Toews vs. Twitter, Helping Syria & Misuse of Prescription Drugs Feb. 15, 2012 7:53 PM As violence continues in Syria, we're asking what should the world do about Syria?
- Drummond report on Ontario calls for cutbacks
- Barefoot girl's icy trek not blamed on babysitter
- 2 NDP MPs back final Commons vote to kill gun registry
- Immigrants the proudest Canadians, poll suggests
- Honduras prison fire kills hundreds
- Bodyguard hired for bully victim in Fredericton
- Legalize pot, say former B.C. attorneys general
- Canadian housing market cools in January
- Russians' abusive plane tirade to cost them $19K

