On Monday, January 24th, a prominent Florida attorney will launch a trial against the tobacco industry. The case is expected to last three weeks.
The trial will begin at 8:30 a.m., before 13th Circuit Judge William P. Levens. The law firm representing Leroy Kirkland against the RJ Reynolds Tobacco Company is seeking $10 billion in punitive damages.
Attorney Willie Gary, of Gary, Williams, Finney, Lewis, Watson, and Sperando P. L., is representing Kirkland. The firm is joined by partners Donald Watson, Maria Sperando, C. K. Hoffler, and Manny Socias, along with Associate Attorney Victor Swift.
Several years ago, a class action lawsuit against the tobacco companies was heard before the Florida Supreme Court. The court ruled that each plaintiff had the right to file his or her own lawsuit. As a result of that ruling, approximately 8,000 lawsuits have been filed in the courts.
Attorney Gary said, “I’m excited. I’m looking forward to coming to Tampa and getting justice for my client.”
Atty. Gary further stated that as a result of the Supreme Court ruling, his firm is representing about 500 cases against the tobacco industry. Cases against the companies are being tried all over the state and about 30 of those cases have gone to trial.
The lawsuit is seeking in excess of $10 billion in damages, which is in excess of the jurisdictional limits of the court.
The lawsuit states that Leroy Kirkland is a certified member of the earlier lawsuit, Engle vs. Phillip Morris et al, and that his injuries and damages were proximately caused by actions of the defendants as determined by the Engle jury in their verdict on July 7, 1999.
The lawsuit contends that Kirkland was “addicted to, used, purchased, and smoked cigarettes containing nicotine that [private]were designed, manufactured, advertised, and marketed by defendants RJ Reynolds Tobacco Company, Lorillard Tobacco Company, Lorillard, Inc., and Phillip Morris, USA, Inc.
“The plaintiff did so in sufficient quantities and for a sufficient time period to cause injury in the form of diseases and medical conditions, which has been determined by Engle jury in its verdict.”
In addition to the diseases linked to tobacco, the lawsuit contends that the defendants placed cigarettes on the market that were defective and unreasonably dangerous; the defendants concealed or omitted material information not otherwise known or available knowing that the material was false or misleading or failed to disclose material facts concerning the health effects or addictive nature of smoking or both.
The lawsuit also contends that the defendants agreed to conceal or omit information regarding the health effects of cigarettes or their addictive nature with the intention that smokers and the public would rely on the information to their detriment.
It further contends that as a result of “conspiracy and fraud perpetrated by each defendant,” Kirkland has suffered cancer of the larynx, esophageal cancer, bodily injury; pain and suffering; disability; disfigurement; loss of capacity for enjoyment of life; medical care and expenses; lost wages, earnings capacity; mental anguish, psychological and psychiatric damages and the aggravation of pre-existing injuries.
Attorney Gary said the lawsuit is seeking compensatory and punitive damages, cost, and interest allowably by law.
The lawsuit was filed in June 27, 2008.
Attorney Gary has tackled and won verdicts against other giant corporations in the past. He won a $240 million jury verdict against the Walt Disney Corporatio9n in a lawsuit that alleged the corporation had stolen ideas to create a sports theme park.
In 2001, the firm was awarded a $139.6 million verdict against the Maris Distributing Company against Anheuser Busch.
In Jackson, Mississippi, the firm won a half billion award against the Loewen Group, a large Canadian funeral home chain.[/private]
