Facts

Billy Sulcer began smoking in the 1930s when he was 13 years old. At that time, no warnings existed on cigarette packages. Billy died in 1993. His wife, Betty Sulcer sued cigarette manufacturers R.J. Reynolds, and Lorillard Tobacco for product liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff argued that Billy's addiction to cigarettes formed when his brain was not yet fully developed, but the defendants were aware of the health risk involved in smoking cigarettes. Further, plaintiff alleged that defendants engaged a conspiracy to hide the negative effects of smoking.

DEFENDANT'S CONTENTIONS:
Defendant argued that no later than 1964, Billy Sulcer became aware of the risks that cigarettes posed and accepted those risks. Had he chosen to quit smoking in the 1960s, his increased risk of lung cancer would have returned to normal and he most likely would not have developed lung cancer from smoking.

Result

The jury awarded plaintiff $225,00, but apportioned 95 percent of the fault to Sulcer and 5 percent of the fault to Lorillard. Thus, plaintiff's award amounted to $11,250.