TOBACCO CONTROL LAWS

Philip Morris, Inc. v. French

After several named tobacco companies agreed to pay a class of non-smoking flight attendants, Lynn French, sought damages via the lawsuit's "settlement agreement" for chronic bronchitis and sinusitis, which she claimed to have developed as a result of exposure to environmental tobacco smoke during her employment with Trans World Airlines from May 1967 through the time of the lawsuit. A jury awarded French $5.5 million, and the tobacco companies challenged their liability for causing the plaintiff's injuries, as well as the process by which the jury calculated the damages owed to French. The District Court of Appeal of Florida, Third District, affirmed the liability of the defendant tobacco companies but remanded the case for new damage calculations that would consider each company independently liable for French's injuries.

DOWNLOAD DOCUMENT

Philip Morris, Inc., et al. v. French, 897 So.2d 480, District Court of Appeal of Florida, Third District (2004).

  • United States
  • Dec 22, 2004
  • District Court of Appeal of Florida, Third District
View Case History

Parties

Plaintiff Lynn French

Defendant

  • Brown and Williamson Tobacco Corporation
  • Lorillard Tobacco Company
  • Philip Morris USA, Incorporated
  • R.J. Reynolds Tobacco Company

Legislation Cited

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
Personal Injury
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Right to Privacy
This is the right to a private personal and family life without intrusion from the government.
Consumer Protection Violation

Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.

Type of Tobacco Product

None

1400 I Street N.W.,
Suite 1200,
Washington, DC 20005
United States of America

Phone: (202) 296-5469

Campaign for Tobacco-Free Kids is a BBB-accredited charity and a
Guidestar Exchange Gold Participant.

© 2024 Campaign for Tobacco-Free Kids | Trademarks | Copyright | Privacy

Site created and maintained by