A jury has awarded the estate of a former smoker an eight-figure total in a products liability case. Lawyers for Douglas Duignan, who died from lung cancer in 1992 at age 42, sued R.J. Reynolds Tobacco Co. and Philip Morris USA for products liability, defective product and fraudulent concealment. Plaintiff’s counsel claimed Duignan began smoking at age 14 and smoked for more than 20 years. Defense counsel denied all allegations and argued Duignan chose to smoke and could have quit if he really tried to end his habit. But the jury found Reynolds 30 percent liable, Philip Morris 37 percent, Duignan 33 percent and awarded the estate $12 million, with no reduction for comparative liability, due to an intentional tort finding.
Case: Estate of Duignan v. R.J. Reynolds Tobacco
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