Widdick v. Brown & Williamson
"The Tobacco Conspiracy Trial"
Tobacco Defense Begins as Historian Claims the Public Was Well Aware of Smokings Hazards
(June 1) Brown & Williamson began its defense, attempting to show through the testimony of a historian and examples of popular media from the 1940s, 1950s and 1960s that the public was exposed to the dangers of smoking.
Dr. Joseph Tulchin, a historian who specializes in Latin American history and U.S. foreign policy, testified that in his opinion, the tobacco industry made the public well-aware of smoking's hazards through television, magazines, and newspapers prior to 1969. Approximately two-and-a-half years ago, a law firm representing the tobacco industry first approached Tulchin, and asked him to do historical research on the public awareness of smoking and health.
During direct examination by Brown & Williamson attorney Tom Riley, Tulchin described anti-cigarette stances in the early part of the century: temperance groups and anti-smoking health lessons in the Florida public school curriculum both flourished at the time. But Tulchin focused primarily on the 1940's, 1950's and 1960's, and on national mass media like Time, Life and Reader's Digest, and on local newspapers in the Baltimore and South Florida areas, where Maddox spent his adult life. He offered the following opinions: that the public had a wide awareness of health risks of smoking, specifically of cancer, and had a clear sense that smoking was a habit that was difficult to quit. Using blow-ups on the easel, Tulchin said that all the media references confirmed the common knowledge about smoking.
In addition, the jury saw a short video that included clips from popular characters and movies such as James Bond, From Here to Eternity, Frank Sinatra and Popeye, where characters used slang terms to describe cigarettes such as "coffin nail," which reflected the common knowledge of the hazards of smoking. Tulchin also presented portions of a 1955 episode of Edward R. Murrow's "See It Now," on the link between cancer and smoking. The portions he showed the jury were interviews with scientists who supported the link, more evidence of dissemination of the hazards of smoking. Tulchin also showed a clip of President Eisenhower at a televised press conference after his heart attack; the once heavy smoker said he believed if a person put their mind to it, he or she could quit. Finally, Tulchin presented articles showing that "saturation coverage" attended the release of the 1964 Surgeon General's report.
However, during cross-examination, plaintiff attorney Norwood Wilner tried to show that the tobacco industry sent the public mixed messages about smoking through the media. He played other portions of Murrow's show which reflected the other side of the debate and emphasized that many of the media that covered the cancer risk also carried advertising promoting the pleasures of smoking. Apparently, Tulchin had not accounted for this in his assessment of public awareness. Several times, Wilner tried to ask Tulchin specific questions about science, and Riley objected and tried to limit it to the witness's expertise.
Wilner conducted a sometimes repetitive cross-examination of the articles in the popular and the medical press that apparently contradicted opinions Tulchin rendered about public awareness. Tulchin defended himself by stating that the number of contrary articles were minuscule compared to those that dealt with the hazards and risks of smoking. Cross-examination of Tulchin continues when court resumes Tuesday morning.
Before Tulchin's testimony began, the Maddox family rested their case after submitting two pieces of evidence. The first was the mortality tables from the Florida statutes; when Roland Maddox died at age 67, he had a life expectancy of 13.6 years. His wife's at the time was 17.2 years. The second was a stipulation regarding Maddox's medical costs of $52,249.42. The jury was told that Blue Cross, Blue Shield paid the full cost, and if the jury awards any money, Blue Cross will be reimbursed. On the other hand, if there's no award, the Maddox family owes Blue Cross nothing.
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