This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Product Liability
Consumer Warranty

Bruce Coolidge v. Philip Morris, U.S.A.

Published: Sep. 3, 2005 | Result Date: Apr. 21, 2005 | Filing Date: Jan. 1, 1900 |

Case number: RIC361063 Verdict –  $0

Judge

Roger A. Luebs

Court

Riverside Superior


Attorneys

Plaintiff

Shawn Khorrami

Timothy P. Prince


Defendant

Alicia J. Donahue

Walter L. Cofer


Experts

Plaintiff

Martin Goldberg
(technical)

Louis Kyriakoudes
(technical)

Linda Hyder-Ferry
(technical)

Dean Lim
(medical)

Alan Feingold
(medical)

Neil Grunberg
(technical)

Paul Slovic
(technical)

Defendant

Alberto Marchevsky
(medical)

Allen Kassman
(technical)

Robert L. Shuman M.D.
(medical)

Paul Harvey
(technical)

Thompson Abrams
(medical)

Shoba Sreenivasan
(technical)

Facts

Plaintiff Bruce Coolidge, a 51-year-old truck driver, began smoking Marlboro cigarettes when he was 12 years
old. On average, he smoked two packs per day. In 2000, the plaintiff was diagnosed with a terminal case of
small cell lung cancer.

Damages

The plaintiff sought $1.483 million in economic damages and non-economic damages of 10 times that amount.

Injuries

The plaintiff sought $1.483 million in economic damages and non-economic damages of 10 times that amount.

Result

The jury found that the plaintiff did not reasonably suspect he suffered appreciable harm more than one year before he filed the lawsuit and therefore his suit was not time-barred. The jury found that Philip Morris cigarettes were not a substantial cause of the plaintiff's lung cancer. The Court granted the defendantÆs summary adjudication/nonsuit motions as to fraud, negligence, strict liability, and breach of warranty. A settlement was reached whereby the parties waived their rights to appeal.

Deliberation

two hours

Poll

12-0

Length

10 weeks


#92221

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390