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FL Leads in Anti-Tobacco Litigation [12/31-1]

Excerpts from Florida Still Out Front on Tobacco Issues

By TRACY FIELDS, Associated Press [12/30/98]

A landmark class-action lawsuit, a rare liability verdict against a tobacco company and a still-growing multibillion-dollar settlement deal kept Florida in the nation's tobacco vanguard in 1998.

The case led by Dr. Howard Engle, a 78-year-old Miami Beach pediatrician with emphysema, and eight other Floridians who say smoking made them sick became the first such action to reach trial. The plaintiffs represent an estimated 500,000 Floridians seeking at least $200 billion in damages from tobacco companies and industry groups that they contend misled them about the dangers of smoking.

In the trial's first phase, jurors will determine whether six tobacco companies and two industry groups are liable for the plaintiffs' injuries.

"It has tremendous potential effects on the industry and smoking in the United States," said Northeastern University law professor Richard Daynard, an anti-tobacco activist.

"If the plaintiffs win this phase I would think you'll see a lot of copycat lawsuits filed elsewhere in the country because there's no reason why Florida's citizens should be able to get their damages but New York or Georgia or wherever's citizens don't."

It wouldn't be the first time Floridians led the legal charge against the tobacco industry. The state's $11 billion settlement with tobacco companies in 1997 inspired others to follow suit and try to recoup the costs of caring for sick smokers; in November, 46 states settled for $206 billion.

Florida also was the site of an unusual court loss for cigarette makers in 1998. Jurors ordered Brown & Williamson Tobacco Co. in June to pay nearly $1 million to the family of Roland Maddox - just the third time such a verdict was reached.

The decision is being appealed. That's pretty standard for tobacco companies, according to lawyer Greg Maxwell, who worked on the case along with attorney Norwood "Woody" Wilner.

"They appeal everything they can possibly appeal, they run down every rabbit trail they can find. They have the money to do that," Maxwell said.

He said he expects an appellate decision before the end of 1999.

Also being appealed, but by attorneys and some plaintiffs, is the $349 million settlement won for nonsmoking flight attendants who said working in smoky airplanes made them sick. In addition to establishing a medical foundation to study smoking-related illnesses, the deal approved in February provides for suits on behalf of individual attendants.

Arguments on the appeal were set for early January.

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