Jones Day and Shook Hardy Bacon teamed up for a hard-fought victory in Frazier v. Philip Morris.
Phyllis Frazier was a pack-a-day smoker for 30 years who contracted emphysema in 1991, and, with the help of a nicotine patch, quit smoking 9 eight months later. Ms. Frazier eventually underwent a lung transplant, which was rejected, and she required oxygen when she testified at trial.
Plaintiff attorney Philip Gerson told the jury there was no doubt that Ms. Frazier was addicted to cigarettes and that her smoking caused the emphysema that resulted in her suffering.
The jury agreed with Mr. Gerson that Ms. Frazier was addicted to cigarettes, and that her addiction was the legal cause of her emphysema.
However, the jury also found that Ms. Frazier knew or should have known prior to May 5, 1990, that she had been injured and that there was a causal connection between her smoking and and the injury. Subscribers who wish to review Mr. Geraghty's closing argument on this issue should watch the October 14, AM session -- Mr. Geraghty's comments begin at 02:55:43.