Diane Webb v. Philip Morris is an Engle-progeny tobacco trial against R.J. Reynolds brought by the daughter of deceased smoker James Kayce Horner. Mr. Horner started smoking at age 17 in 1934 and smoked for more than 60 years until he died of lung cancer March 11, 1996, at age 78. Mr. Horner smoked RJR brands Lucky Strike, Pall Mall, Kool, Camel, and Winston.
Topics: Toxic Torts, Products Liability, Engle Progeny, Webb v. Philip Morris, Tobacco Litigation
The tobacco companies won their seventh consecutive Engle trial yesterday when the jury in Vasko v. R.J. Reynolds found in favor of the defense. Immediately prior to this, the tobacco companies also won Budnick, Warrick, Willis, Frazier, Campbell, and Rohr (plus a hung jury in Koballa, which is arguably an eighth defense win).
Topics: Toxic Torts, Products Liability, Vasko v. Reynolds, Engle Progeny, Tobacco Litigation
In his closing rebuttal in the Vasko v. Reynolds Engle tobacco trial, Plaintiff attorney Stuart Ratzan aggressively challenged the R.J. Reynolds' statute of limitations defense. "The same people who denied in 1990 that cigarettes caused COPD now say that they have proved that Mr. Vasko should known that he had COPD caused by cigarette smoking? Come on guys!" said Mr. Ratzan. "Not that he had a cough, but that he had COPD?" Mr. Ratzan suggested that some of the jurors might not even have known what COPD was before they heard this case. Mr. Vasko's doctor had not concluded that Mr. Vasko had COPD, said Mr. Ratzan, so would a reasonable person have diagnosed himself with COPD caused by smoking based on a cough that he had had all his life?
Topics: Toxic Torts, Products Liability, Vasko v. Reynolds, Engle Progeny, Tobacco Litigation
Plaintiff attorney Alex Alvarez, of The Alvarez Law Firm, told the jury in Espinosa v. Philip Morris that Maria Espinosa died of a cancer that was legally caused by her addiction to cigarettes. Ms. Espinosa smoked for 46 years, up until her death, and for most of that time she smoked only Virginia Slims.
Topics: Toxic Torts, Products Liability, Espinosa v. Philip Morris, Engle Progeny, Tobacco Litigation
In Vasko v. R.J. Reynolds, Plaintiff attorney Stuart Ratzan told the jury that John Vasko was born in 1941, started smoking at age 12, and smoked one-and-a-half to two packs of Lucky Strikes per day for 52 years, until he died of COPD (Chronic Obstructive Pulmonary Disease).
Topics: Toxic Torts, Products Liability, Vasko v. Reynolds, Engle Progeny, Tobacco Litigation
