Philip Morris USA will Appeal Damage Award to Florida Smoker; Jury Refuses to Award Punitive Damages

Philip Morris USA will appeal a state court jury’s decision today to award $6.538 million in compensatory damages to a 74-year-old former smoker because it is inconsistent with the law and the facts of the case.

The Pinellas County Circuit Court jury refused to award punitive damages and found plaintiff John F. Eastman 50 percent at fault, which will reduce the judgment by half.

 “The evidence showed that Mr. Eastman knew for more than four decades that smoking could cause health problems,” said William S. Ohlemeyer, Philip Morris USA vice president and associate general counsel.

“Mr. Eastman is an intelligent and well-educated man who testified he knew as early as the 1950s that smoking was linked to cancer and other diseases; that he began ‘to seriously worry’ about the health risks of smoking when the 1966 Surgeon General’s warning was printed on cigarette packs; and that he was convinced by the 1970s that smoking was dangerous.

“The real issue in a case like this is whether people who smoke are aware of the risks, whether they have been warned about those risks and whether the law holds them legally responsible for the informed decisions they make. We believe the evidence on each of these issues favored Philip Morris USA,” Ohlemeyer added.

Ohlemeyer said the company will now ask Judge Anthony Rondolino to set aside the verdict, and will appeal if the Court rejects that request.

Ohlemeyer pointed out that the Eastman case is unrelated to the Engle class action, which is on appeal and currently is being considered by Florida’s Third District Court of Appeal. A decision on that appeal is expected shortly.

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Contact Information

Altria Client Services Media Relations Tel: 804-484-8897

Related Information

On Altria.com:

• Eastman Case Overview