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California Appellate Court Overturns Smokers Verdict; Orders New Trial To Be Held
NEW YORK (April 7, 2004) -
The California Court of Appeal today overturned a plaintiff's verdict issued in the Whiteley case and sent the case back to the San Francisco Superior Court for retrial.
In March 2000, a jury awarded Leslie Whiteley, who had lung cancer, $1,689,117 in compensatory damages and $20 million in punitive damages from Philip Morris USA and R.J. Reynolds Tobacco Co. Ms. Whiteley died shortly after the trial.
"In light of the law that must be applied to cases like this, the appellate court correctly determined the verdict could not stand," said William S. Ohlemeyer, Philip Morris USA vice president and associate general counsel.
In today's decision, the appellate court ruled that the jury was improperly instructed by the trial court on the applicable law and, as a result, was permitted to hold the companies liable in violation of a 2002 California Supreme Court decision.
In that case, known as Myers, the California Supreme Court ruled that, under a California statute in effect from 1988-1998, liability against cigarette companies cannot be based on conduct that took place during that 10-year period. That statute, in turn, was based on the policy that individuals should not be able to receive damages for injuries caused by products that pose known risks.
In the Whiteley trial, the trial court rejected the companies' request to advise the jury of the immunity period, and improperly allowed the jury to consider evidence from that period.
"All parties are entitled to have their cases decided by juries that have received correct instructions about the applicable law," Ohlemeyer added.
