Originally published Friday, February 1, 2008 at 12:00 AM
Court upholds smoker's award
The Oregon Supreme Court for a third time has allowed a $79.5 million punitive-damages judgment against Philip Morris, an award twice struck...
The Associated Press
PORTLAND — The Oregon Supreme Court for a third time has allowed a $79.5 million punitive-damages judgment against Philip Morris, an award twice struck down by the U.S. Supreme Court, which suggested it was excessive.
The money was for the family of a longtime Marlboro smoker, Jesse Williams, who started smoking during his 1950s Army hitch and died of lung cancer in 1997.
The Oregon court's decision on Thursday did not take issue with the U.S. Supreme Court's latest ruling, which said that when juries assess punitive damages, they can punish a defendant only for the harm done to the people suing.
But the Oregon court said jury instructions proposed by Philip Morris at the trial had other defects, so a judge's decision not to allow them was correct.
The instructions about punitive damages have been at the center of the legal battle over the suit brought by Williams' widow, Mayola. A Portland jury made the award in 1999.
The Oregon high court made its first decision in 2002, refusing to hear an appeal from Philip Morris. Then the U.S. Supreme Court rejected the judgment of nearly $80 million.
Next, the Oregon Supreme Court upheld the punitive damages, citing "reprehensible" conduct on the part of Philip Morris officials in marketing cigarettes.
The U.S. Supreme Court's second narrower ruling did not address the size of the award but only how juries could consider the conduct of defendants in determining punitive damages.
Copyright © 2008 The Seattle Times Company
Arson suspect has long history of setting fires
Band of advocates, activists now McGinn's likely insiders
Light rail to airport to begin Dec. 19
Kirkland annex 'yes' could be slipping away
Licata looks at boosting traffic-ticket revenue

Opening day at Crystal Mountain
Skiers crowded the slopes at Crystal Mountain for one of the resort's earliest openings.
nwjobs

Post a comment

Michelle Goodman blogs about work/life balance.
How to tell your office you're gravely ill
Post a comment
nwautos

Choosing a new sedan? Weigh the impact of your choice on your wallet and on the planet.
Post a comment
- Homeless man, 46, arrested in Greenwood arsons
- KVI talk radio host off the air as of Thursday
- Steve Kelley | ESPN's Bill Simmons gets us: He hates Clay Bennett, too
- Police investigate videotaped arrest
- Seattle U. Men's Hoops | Big recruit goes from Huskies to Redhawks
- Mariners sign Jack Wilson to 2-year contract
- Razor found in muffin an accident, 'mortified' baker says
- Suspect's family shaken by slaying of police officer
- Mountlake Terrace woman reports razor in muffin
- Ivar's undersea billboards a hoax devised as marketing ploy
- Police investigate videotaped arrest
631 - Seattle man to pack a pistol into community center to protest mayor's ban
230 - Light rail to airport to begin Dec. 19
177 - GOP clueless as families struggle with health care
173 - KVI talk radio host off the air as of Thursday
138 - Mariners sign Jack Wilson to 2-year contract
128 - Wright State game thread
97 - Person of interest in custody in connection with Greenwood arsons
95 - Rang says Locker not ready for NFL
85 - Licata looks at boosting traffic-ticket revenue
72
- Light rail to airport to begin Dec. 19
- Homeless man, 46, arrested in Greenwood arsons
- Ivar's undersea billboards a hoax devised as marketing ploy
- Steve Kelley | ESPN's Bill Simmons gets us: He hates Clay Bennett, too
- KVI talk radio host off the air as of Thursday
- Washington in race for federal education funds
- Light rail to airport to begin Dec. 19
- An 802.11n upgrade could make a big difference
- Police investigate videotaped arrest
- Goodwill's Glitter Sale is Nov. 14-15





