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PRODUCTS LIABILITY the family of a woman who died 18 years after quitting smoking was awarded $19 million by a federal jury on May 23 on its defective-design claim. In 1945, 15-year-old Mary Jane Boerner began smoking Lucky Strike cigarettes. She later switched to Pall Malls. She didn’t stop smoking until 1981. In the mid-1990s, she developed cancer and, in 1999, she died. Her husband, son and estate sued Brown & Williamson of Louisville, Ky., the manufacturer, alleging that it designed an unreasonably dangerous product and had inadequate warning labels. Brown & Williamson claimed that Boerner chose to smoke and continued to do so after 1969, when the law began requiring warnings on cigarettes. It prevailed on the failure-to-warn claim. Boerner v. Brown & Williamson Tobacco Co., No. 4:98CV427JMM (E.D. Ark.). PLAINTIFFS’ ATTORNEYS: William Gary Holt and Russell D. Marlin, Gary Eubanks & Associates, Little Rock, Ark.; Norwood S. Wilner and Gregory H. Maxwell, Spohrer, Wilner, Maxwell & Matthews, Jacksonville, Fla. DEFENSE ATTORNEYS: Bruce G. Sheffler and Joseph G. Falcone, Chadbourne & Parke, New York; Kevin A. Crass, Friday, Eldredge & Clark, Little Rock

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