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Philip Morris Found Liable in Calif. Smoker's Case
June 7, 2001

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News Summary

A Los Angles, Calif., jury found Philip Morris Cos., Inc., guilty of fraud, conspiracy and negligence in a lawsuit brought by a 56-year-old smoker, Reuters reported June 6.

The verdict was made in the case of Richard Boeken, who suffers from brain and lung cancer. He began smoking Marlboro cigarettes at age 13. His lawsuit claimed that Philip Morris failed to warn him of the health risks associated with smoking.

The jury ordered Philip Morris to pay Boeken $3 billion in punitive damages and $5.5 million in compensatory damages. Boeken was seeking $12.37 million in compensatory damages and between $100 million and $10 billion in punitive damages.

"The jury obviously had an agenda that was not to decide the case they were supposed to decide," said William Ohlemeyer, associate general counsel and vice president of Philip Morris Cos. Inc. The company is hopeful the verdict will be overturned on appeal, where Philip Morris will focus on instructions given by the judge to the jury and whether jurors were allowed to hear all the evidence in the case.

Philip Morris claimed that Boeken was aware of the health warnings on cigarette packs, but ignored them.

The case is the first smoking and health related lawsuit to reach trial in Los Angeles. It is also the largest individual punitive-damages award in a case against the tobacco industry.

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