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Florida Jury Returns Verdict for Smoker

Philip Morris USA Will Seek Speedy Appeal

NEW YORK
October 21, 2004


Philip Morris USA said it will appeal a jury verdict in favor of a former smoker who claimed that a design defect in Marlboro and Benson & Hedges cigarettes caused his illness.  The jury assessed damages at $600,000, but found that the plaintiff, Ronald Arnitz, was 60 percent responsible, thereby reducing the verdict against Philip Morris USA to $240,000.

"We presented evidence that there is no safe cigarette, and the plaintiff's witnesses agreed," said William S. Ohlemeyer, Philip Morris USA vice president and associate general counsel.  "We frankly believe this verdict was based on erroneous legal rulings and improper jury instructions, and that should form the basis of a successful appeal."


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