In Florida Tobacco Lawsuit, Broward County Jury to Decide Whether Philip Morris Caused Lung Cancer Death of Widow's Husband
In Florida, a Broward County jury has found that Stuart Hess was addicted to nicotine. Stuart died at 55 from cancer in 1997. His wife Elaine is suing tobacco company Philip Morris for his death. Elaine’s tobacco lawsuit claims that her husband got cancer because of his addiction and that Philip Morris conspired to hide from the public the dangers of smoking. Now, the Florida jury must determine whether the tobacco maker was at fault in causing Stuart Hess’s death and, if so, how much the company should be ordered to pay in compensatory and punitive damages.
Stuart Hess smoked up to three packs of cigarettes (primarily Philip Morris brands) a day. Elaine says her that husband, who she was married to for 32 years, believed the tobacco industry when they claimed the health risks associated with cigarettes had not been proven and that filtered cigarettes were better for you. Her Florida Tobacco attorney, Adam Trop of the law firm Paige, Trop, & Ameen, PA, contends that Philip Morris should be held accountable for failing to tell Stuart that their cigarettes could kill him. “We ask you in this case to hold Philip Morris accountable for these actions,” said Trop.
The Hess case is the first Florida tobacco lawsuit to go to trial since the state's Supreme Court tossed out a $145 billion verdict in 2006 and revoked the case's class action status. Elaine Hess was one of the plaintiffs in that class action lawsuit. 8,000 individual tobacco lawsuits have been filed since then. The Court also upheld the jury’s findings that tobacco companies purposely withheld information about the dangers of smoking, as well as the fact that smoking causes cancer and other diseases.
Our Florida tobacco litigation lawyers have spent years successfully fighting tobacco companies on behalf of smokers and non-smoker victims who have sustained serious injuries because of exposure to smoking. Contact Paige, Trop, & Ameen, PA today to request your free consultation.
Fla. jury to decide fault in smoking trial, AP, February 14, 2009
Trial opens in Fla. widow's tobacco lawsuit, Miami Herald, February 3, 2009
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