March 2nd, 2011
FOR IMMEDIATE RELEASE
Contact: Edward L. Sweda, Jr. or Mark Gottlieb (617)373-8462 or (617)373-2026
A jury awarded the family of a smoker who died of lung cancer in 1994 at the age of 63 a total of $6 million in compensatory damages. The jury assessed Lorillard Tobacco Company 65% responsibility for the death of Jacqueline Miller and 35% to Ms. Miller. This means that the compensatory damages award will be reduced by 35% while the punitive damages award will not. Therefore, Lorillard is liable for $15.2 million plus interest for the wrongful death.
Starting smoking while in high school in the 1940s, two decades before health warnings appeared on cigarette packages, Jacqueline Miller smoked Lorillard’s brands Old Gold, Kent and Max. The lawsuit was brought by her daughter, Michelle Mrozek. The case is: Mrozek v. Lorillard.
Representing the family is Attorney Bruce Anderson of the Jacksonville law firm Terrell Hogan.
Edward L. Sweda, Jr., Senior Attorney for the Tobacco Products Liability Project (TPLP), which is based at Northeastern University School of Law in Boston, was delighted with today’s verdict. “Once again, a Florida jury has heard all the evidence in a tobacco trial and rendered a significant verdict for the plaintiff on behalf of a woman who was clearly addicted to nicotine, right up until her death from lung cancer. In addition, and not surprisingly, the jury assessed punitive damages as well to punish and deter Lorillard’s reprehensible conduct .”
Of the Engle Progeny trials that have reached a verdict, 25 out of 36 such verdicts have been for the plaintiffs.