Milton and Shirley Horowitz v. Lorillard Tobacco Co. and Hollingsworth & Vose, et al.
Published: Sep. 9, 1995 | Result Date: Sep. 1, 1995 | Filing Date: Jan. 1, 1900 |Case number: 965245 – $2,000,000
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Samuel P. Hammar
(medical)
Defendant
Barry R. Horn M.D.
(medical)
William E. Longo Ph.D.
(technical)
Facts
Plaintiff Milton Horowitz began smoking unfiltered cigarettes in the fall of 1944, during World War II, when he was barely 20 years of age. He later became a clinical psychologist, a professor of psychology, and eventually taught in Berkeley. In March 1952, he switched to smoking Kent, manufactured by a predecessor to Defendant Lorillard Tobacco Company; he allegedly made the switch after he read advertisements promoting their health benefits. From 1952 through 1956, Lorillard admittedly used filter material manufactured by a former subsidiary of Defendant Hollingsworth and Vose -- filters containing crocidolite asbestos. Plaintiff abandoned the smoking habit in 1963. In mid 1994, Plaintiff was diagnosed with mesothelioma cancer, a cancer of the lining of the lung that has a long latency period and carries a 100 percent fatal outcome.
Settlement Discussions
Plaintiff contends no offers or demands were exchanged prior to this result.
Damages
$500,000 damages claimed by Plaintiff included unspecified current and future medicals and lost earnings.
Injuries
100 percent fatal mesothelioma cancer; short-term life expectancy (less than 18 months from diagnosis). Plaintiff's wife claimed loss of consortium.
Other Information
This case was filed in November of 1994; nine months prior to this result.
Deliberation
2.5 days compensatory, 5 hours punitive
Poll
varied
Length
3 weeks
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