The family of a man who claimed his addiction to cigarettes manufactured by R.J. Reynolds Tobacco Co. caused his lung cancer and death recovered $60,000.
The estate’s counsel claimed David Clayton, 73, began smoking while a teenager before the package warnings of the health hazards and addictive nature of cigarettes were required. The estate’s expert historian testified R.J. Reynolds engaged in fraud and conspired to conceal the health effects of cigarettes and their addictive nature.
Defense counsel claimed Clayton was not addicted to smoking and his lung cancer was not caused by smoking. The jury found R.J. Reynolds 10 percent negligent and Clayton 90 percent negligent, reducing the $600,000 award accordingly.
Case: Estate of Clayton v. R.J. Reynolds Tobacco
Case No.: 2007-CA-11175
Plaintiffs attorney: Laura M. Shamp, Law Offices of Laura M. Shamp, Atlanta
Defense attorneys: Andrew S. Brenner, Boies Schiller & Flexner, Miami; Steven N. Geise, Jones Day, San Diego; Kelly Anne Luther, Kasowitz Benson Torres & Friedman, Miami; Stephanie E. Parker, Jones Day, Atlanta; and Terri L. Parker, Shook, Hardy & Bacon, Miami