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PHAI publishes Special Verdict Sheet from Evans trial

December 15th, 2010

(Please note that the jury was deadlocked on Questions 5 and 6)

SUFFOLK, SS. CIVIL ACTION NO. 2004-2840-A

WILLIE EVANS, AS EXECUTOR OF THE ESTATE OF MARIE R. EVANS

Plaintiff

v.

LORILLARD TOBACCO COMPANY

Defendant

SPECIAL JURY VERDICT FORM

SECTION 1 -LIABILITY

Question 1: NEGLIGENCE

(Please answer all three subparts, a through c, of Question 1.)

a.         Was Defendant Lorillard Tobacco Company negligent in the design, marketing and/or distribution of Newport cigarettes?

YES__X NO _____

b.         Was Defendant Lorillard Tobacco Company negligent in failing to warn Marie Evans of the health hazards and/or addictive properties of Newport cigarettes at any time prior to 1970?

YES__X NO _____

c.         Did Defendant Lorillard Tobacco Company, directly or through its agents, negligently distribute Newport cigarettes by giving samples of such cigarettes to minors, including Marie Evans?

YES__X NO _____

(If your answer to any subpart of Question 1 is “Yes,” proceed to Question 2. If your answer to all of the subparts of Question 1 is “No,” proceed to Question 3.)

Question 2: CAUSATION AS TO NEGLIGENCE

Was any negligence of Defendant Lorillard Tobacco Company a substantial factor in causing Marie Evans’s lung cancer?

YES__X NO _____

(Proceed to Question 3.)

Question 3: BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY

(Please answer both parts, a and b, of Question 3.)

a.         Did Defendant Lorillard Tobacco Company breach its implied warranty of merchantability because the Newport cigarettes that it sold to Marie Evans and other consumers were defective and unreasonably dangerous?

YES__X NO _____

b.         Did Defendant Lorillard Tobacco Company breach its implied warranty of merchantability by failing to provide consumers, including Marie Evans, an adequate warning of the health hazards and/or addictive properties of Newport cigarettes, at any time before 1970?

YES__X NO _____

(If your answer to either subpart of Question 3 is “Yes,” proceed to Question 4. If your answer to both of the subparts of Question 3 is “No,” proceed to Question 5.)

Question 4: CAUSATION AS TO BREACH OF IMPLIED WARRANTY

Was any breach of warranty by Defendant Lorillard Tobacco Company a substantial factor in causing Marie Evans’s lung cancer?

YES__X NO _____

(Proceed to Question 5.)

Question 5: CIVIL BATTERY

a.         Did Lorillard commit a battery by distributing free Newport cigarettes to Ms. Evans before October 23, 1965 (when she turned 18 years old)?

YES____ NO _____

(Please proceed to Question 6 if your answer to Question 5 is “Yes.” If your answer to Question 5 is “No,” proceed to Question 7.)

Question 6: CAUSATION AS TO CIVIL BATTERY

Was Marie Evans’s receipt of free Newport cigarettes substantial factor in causing her to develop lung cancer?

YES___ NO _____

(Proceed to Question 7.)

Question 7: VOLUNTARY UNDERTAKING OF DUTY

a.         Did Lorillard voluntarily undertake, through the Frank Statement, a duty to research the health hazards of smoking and to disclose accurate information regarding the results of that research to the smoking public, including Marie Evans?

YES__X NO _____

(If your answer is “Yes” to Question 7.a., proceed to Question 7.b. If your answer is “No” to Question 7.a., please proceed to Question 8 and follow the directions.)

b.         Did Lorillard breach the duty that it voluntarily undertook by being negligent in the performance of that duty?

YES__X NO _____

(If your answer is “Yes” to Question 7.b., proceed to Question 7.c. If your answer is “No” to Question 7.b., please proceed to Question 8 and follow the directions.)

c.         Was Lorillard’s breach of the duty that it voluntarily undertook a substantial factor in causing Marie Evans to develop lung cancer?

YES__X NO _____

­

(Proceed to Question 8.)

Question 8: GROSS NEGLIGENCE AND MALICIOUS, WILLFUL, WANTON OR RECKLESS MISCONDUCT

(If you answered ”yes” to any or all of Questions 2, 4, 6, or 7.c., please answer both subparts of Question 8. If you answered “no” to all of Questions 2, 4, 6, and 7.c., the Foreperson should sign this Special Verdict Form and notify the Court Officer that you have reached a verdict)

a.         Was Defendant Lorillard Tobacco Company grossly negligent?

YES__X NO _____

b.         Did the Defendant Lorillard Tobacco Company act in a manner that was malicious, willful, wanton or reckless?

YES__X NO _____

(If your answer to either subpart of Question 8 is “Yes,” proceed to Question 9. If your answer to both subparts of Question 8 is “No,” proceed to Question 10 and follow the directions.)

Question 9: CAUSATION AS TO GROSS NEGLIGENCE OR MALICIOUS, WILLFUL, WANTON OR RECKLESS MISCONDUCT

Was any gross negligence, or malicious, willful, wanton or reckless conduct, of Defendant Lorillard Tobacco Company substantial factor in causing Marie Evans’s lung cancer?

YES__X NO _____

(Proceed to Question 10.)

SECTION 2  – COMPARATIVE NEGLIGENCE

Question 10: COMPARATIVE NEGLIGENCE AND APPORTIONMENT OF NEGLIGENCE

(Please answer Question 10 only if you answered ”yes” to Question 2 and/or

Question 7.c. If you answered “no” to Question 2 and Question 7.c., please proceed to Section 3 and follow the directions.)

a.         Was any negligence on the part of Marie Evans a substantial factor causing her lung cancer?

YES__X NO _____

(If your answer to subpart 10.a. is ”yes,” then please answer subpart b. If your answer to subpart 10. a. is “no,” then proceed to Question 11.)

b.         What percentage of negligence is attributable to Plaintiff Marie Evans and to Defendant Lorillard Tobacco Company?

(Please note that your answers must add up to 100%.)

Marie Evans                                    30%

Lorillard Tobacco Company    70%
­­­­­­­­­­­­­­­­­­­­­­­­­                                                          ———–
Total                                                   100 %

(Proceed to Question 11 and follow the directions.)

SECTION 3  – DAMAGES

(Please answer Questions 11 and 12 if you answered “Yes” to Questions 2, 4, 6, and/or 7. c. If you did not answer ”yes” to any of Questions 2, 4, 6 or 7.c., the Foreperson should sign this Special Verdict Form and notify the Court Officer that you have reached a verdict.)

Question 11: DAMAGES TO COMPENSATE WILLIE EVANS FOR HIS LOSS

What amount of money do you find will fairly, fully and adequately compensate Willie Evans for his loss of the services, protection, care, assistance, society, companionship, comfort, guidance, counsel and advice of his mother, Marie Evans?

Please write your answer both in numbers and in words.

$21,000,000.00

(Amount in Numbers)

Twenty-one million dollars.

(Amount in Words)

(Please proceed to Question 12)

What amount of money do you find will fairly, fully and adequately compensate for the conscious pain and suffering that Marie Evans suffered from her lung cancer on account of any wrongful conduct of Defendant Lorillard Tobacco Company?

Please write your answer both in numbers and in words.

$50,000,000.00

(Amount in Numbers)

Fifty million dollars.

(Amount in Words)

I HEREBY CERTIFY THAT THE FOREGOING ANSWERS ARE THOSE OF AT LEAST 5/6th OF THE JURORS IN THIS CASE.

DATED: _December 14, 2010 _____________________

Foreperson of the Jury

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