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Calif. Supreme Court Upholds Damages in Tobacco Case
September 21, 2004

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News Summary

For the first time, the California Supreme Court has upheld a damages verdict in a health-related tobacco case, the Los Angeles Times reported Sept. 17. The court dismissed an appeal of a $10.5-million judgment against Philip Morris USA.

The award was determined by a jury in the case of Patricia Henley Reyes of Glendale, who sued Philip Morris USA after being diagnosed with lung cancer. Reyes was a longtime smoker of the company's Marlboro brand.

"I'm delighted. There's justice in this world," Reyes said. She is the first of four California lung-cancer victims to win a hefty verdict against cigarette makers. The amount was three times that requested by her lawyer.

Reyes, 57, plans to use the money to establish a foundation to support anti-smoking campaigns and to help children with respiratory ailments.

Philip Morris USA said it would consider appealing the decision to the U.S. Supreme Court. But Reyes' lawyer is confident that the ruling will stand. "It's a 6-1 ratio of punitive to compensatory damages," said attorney Madelyn Chaber. "I don't think Philip Morris has any other issues that the U.S. Supreme Court is going to care about."

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