C.A. 2nd;
B260355

The Second Appellate District affirmed a judgment. The court held that federal law did not preempt a jury's finding that a cigarette manufacturer was liable for its product's defective design.

William Major smoked two packs of cigarettes a day from 1961 to 1989. He was diagnosed with lung cancer in 1997, and died a year later. His wife, Tajie Major, sued several manufacturers of cigarettes Major had smoked, as well as manufacturers of asbestos to which he had been exposed, alleging that Major's smoking and his asbestos exposure caused his lung cancer and death. All defendants but one settled, and Plaintiff proceeded to trial against Lorillard Tobacco Company only. The jury concluded that Lorillard's cigarettes were defectively designed, and that their design was a substantial factor in causing Major's death. In allocating responsibility for plaintiff's damages, the jury determined Major was 50 percent liable, Lorillard was 17 percent liable, other cigarette manufacturers were 33 percent liable, and asbestos exposure was not a substantial factor. Judgment was entered against Lorillard for more than $3.75 million, plus costs and interest.