Posts Tagged ‘San Francisco injury attorney Brett Burlison comments on personal injury verdict against tobacco company.’

San Francisco Injury Victim’s Award Upheld By State Supreme Court

Thursday, January 14th, 2010

SAN FRANCISCOSan Francisco Injury Attorneys like myself have been following closely the path of Whiteley vs. R.J. Reynolds, which has gone through two trials, appeals, and finally a ruling from the California Supreme Court.San Francisco Injury Victim's Award Due to Cigarett Smoking Upheld

As reported by the San Francisco Chronicle, on Wednesday our Supreme Court unanimously denied review of the company’s appeal.

The injury victim in this case was a life-long smoker who started smoking at the age of 13.  She died of cancer caused by her smoking at the age of 40.  But before her death she sued R.J Reynolds and a San Francisco jury awarded her and her husband $1.7 million in compensatory damages and $20 million in punitives.  It was the first verdict for an injury victim in a personal injury case against a tobacco company ever. The tobacco company appealed.

An appeals court granted R.J. Reynolds a new trial.  So, another San Francisco jury heard the case and this time awarded the injury victim and her family $2.85 million in 2007.  The company appealed again.

The appeals court upheld the verdict stating that the company had engaged in a “campaign of deception” in order to keep smokers addicted.  And yesterday, the California Supreme Court declined to review the company’s appeal.

Cigarettes killed over 100 million people in the 20th century.  5 million are currently dieing every year due to cigarettes.  Tobacco companies have been selling poison, death, and deception for years with near immunity.  It is time they were held accountable to the personal injury victims and their families.

Yesterday’s decision by the California Supreme Court is a victory consumers and injury victims both in San Francisco and across the country.