Facts

Tajie Major sued R.J. Reynolds Tobacco Co., Philip Morris USA Inc., Lorillard Tobacco Co. and other doe defendants, in connection with the death of her husband, Captain William Major, a retired officer in the U.S. Navy. Prior to trial the case resolved as to all defendants other than Lorillard Tobacco Co.

PLAINTIFF'S CONTENTIONS:
Plaintiff's husband died in 1998, at the age of 55, due to lung cancer. Plaintiff alleged Capt. Major's lung cancer was caused by the design of the cigarettes he used. Capt. Major started using cigarettes in 1962 as a teenager and became addicted to nicotine in the cigarettes he used. Capt. Major used one to two packs of cigarettes a day from 1962 until 1988, of various brands of cigarettes including Kent and Newport cigarettes manufactured by Lorillard. Plaintiff alleged the Lorillard cigarettes Capt. Major used were purposefully designed to create and sustain addiction to nicotine and exposed him to unnecessarily high levels of carcinogens in the smoke tar. Plaintiff argued that although there is nothing inherently dangerous about a mass produced cigarette, they are dangerous by their design.

Plaintiff claimed that after several failed quit attempts Capt. Major was able to overcome his addiction to cigarettes in 1988, when he was 44 years old, however the damage had already been done. Plaintiff alleged that Lorillard could have made safer and non-addictive cigarettes in the 1960's and was partially responsible for her husband's death. Plaintiff argued that Lorillard did not publicly acknowledge smoking caused lung cancer until the year 2000.

Result

The jury rendered a verdict against the sole remaining defendant, Lorillard Tobacco Co. The jury assessed $17.736 million in total damages, of which approximately $3,918,350 is attributable to Lorillard. The jury found Lorillard 17 percent at fault, while decedent was found 50 percent at fault, and other cigarette companies were found 33 percent at fault.