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Jul. 16, 2015

Gilbert L. Purcell

See more on Gilbert L. Purcell

Brayton & Purcell | Novato | Personal injury & product liability

Purcell scored a rare victory in August 2014 for a man who died of smoking-related injuries.

Following a monthlong trial, a jury ordered Lorillard Tobacco Co. to pay $17.7 million the widow of Captain William Major, a marine architect who began smoking in 1962, as a teenager. Purcell smoked for 26 years, dying of lung cancer in 1998.

His widow, Tajie, sued in 1999, but the case was stayed until the California Supreme Court in 2011 resolved an unanswered question about statutes of limitations on similar lawsuits.

As part of winning the lawsuit, Purcell presented evidence that additives such as menthol made it easier for smokers to inhale harsh products in cigarettes and made them more appealing to a younger demographic.

The Los Angeles County Superior Court lawsuit against the tobacco company was the first individual smoker case to go to trial in California since 2008, according to Purcell. Major v. Lorillard Tobacco, BC473650 (L.A. Super. Ct., filed Nov. 16, 2011).

- SAUL SUGARMAN

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