Dylan Boeken v. Philip Morris, USA Inc.
Published: Nov. 12, 2011 | Result Date: Aug. 9, 2011 | Filing Date: Jan. 1, 1900 |Case number: BC353365 Verdict – $12,800,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Patrick J. Gregory
(Shook, Hardy & Bacon LLP)
Frank P. Kelly III
(Shook, Hardy & Bacon LLP)
Facts
Plaintiff Dylan Boeken brought a wrongful death lawsuit against Philip Morris USA Inc. on a products liability claim for the death of his father, Richard Boeken. Richard died on Jan. 16, 2002 at the age of 57 from lung cancer. He was a smoker of cigarettes manufactured and sold by Philip Morris. Plaintiff was 10 at the time of his father's death.
Settlement Discussions
Boeken demanded $4.95 million. Philip Morris made no offer.
Damages
No economic damages. Boeken sought $22.2 million in damages, which represented $1 million for each year his father could have expected to live had he not died prematurely. Philip Morris suggested $500,000 or less.
Injuries
Boeken claimed loss of a father's love, companionship, comfort, care, assistance, protection, affection, society, moral support, training and guidance.
Result
The jury rendered a verdict in favor of Boeken and Philip Morris was ordered to pay $12.8 million. The verdict came a decade after his father, Richard, won a $3 billion award against Philip Morris. Since the liability issues were already decided in Richard's trial, the jury in Dylan's case only had to decide the damages.
Other Information
FILING DATE: June 2006.
Deliberation
one day
Poll
9-3
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