Tobacco

First Case in 'Last Frontier' State

Philip Morris USA prevails in smoking suit in Alaska

RICHMOND, Va. --  A Bethel, Alaska, jury has returned a unanimous verdict in favor of Philip Morris USA in the first individual smoking and health case to be tried in that state.

Delores Hunter, the common law wife of of Benjamin Francis, accused PM USA of making and marketing cigarettes even though the company knew the products were addictive and caused cancer, reported KTUU-TV. The complaint, which sought more than $100,000, said he died in 2006 of lung cancer.

"The jury determined that Marlboro cigarettes are not defective and that the plaintiff was responsible for his own smoking decisions," said Murray Garnick, Altria Client Services senior vice president and associate general counsel, speaking on behalf of Philip Morris USA. "This and other recent verdicts show that Philip Morris USA has powerful defenses in these types of cases."

This is the third individual smoking and health liability case to be tried by the company this year, outside of the Engle cases in Florida. Earlier this year, juries rejected individual plaintiffs' claims in trials in Massachusetts (Haglund) and New York (Grill).

The case is Hunter v. Philip Morris USA, case number 4BE-06-00407-CI.

Richmond, Va.-based Altria directly or indirectly owns 100% of each of Philip Morris USA Inc. (PM USA), U.S. Smokeless Tobacco Co. LLC (USSTC), John Middleton Co. (Middleton), Ste. Michelle Wine Estates Ltd. (Ste. Michelle) and Philip Morris Capital Corp. (PMCC). Altria holds a continuing economic and voting interest in SABMiller plc. The brand portfolio of Altria's tobacco operating companies includes Marlboro, Copenhagen, Skoal and Black & Mild.

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