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Torts
Product Liability
Wrongful Death

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

Michael J. Piuze

Geraldine Weiss


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


#89412

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