Widdick v. Brown & Williamson
"The Tobacco Conspiracy Trial"
Tobacco Closings Completed; Jury to Start Deliberations Tuesday
(June 8) After nearly three weeks of testimony, jurors will decide whether the Brown & Williamson tobacco company was part of an alleged industry-wide conspiracy to hide the hazrds of smoking from the public and whether the late Roland Maddox was entirely responsible for his fatal bout with cancer.
Jurors heard closing arguments from both sides for almost the entire day Monday and are expected to be instructed and start deliberations when court resumes Tuesday morning. In his first closing argument, plaintiff attorney Norwood Wilner spoke for 3 hours and 45 minutes, discussing the key legal concepts, the verdict form, and then outlining in detail the evidence supporting each of his three claims. Wilner's claims against Brown & Williamson are negligence (failure to warn the public, including Maddox, about smoking's hazards before 1970), strict liability (selling a defective product), and conspiracy.
At the end of his closings, Wilner discussed damages, which are split into two parts, medical, and the loss of companionship and pain and suffering. The medical costs are approximately $52,000. The remaining actual damages are divided into past and future loss of companionship on the part of Maddox's widow, Margaret Maddox. Since Roland Maddox had a life expectancy of 14 years, Wilner suggested that jurors take his value to his wife for one year and multiple it by 14 at $50,000 a year. And for past damages, he offered a lump sum of $150,000. In total, Wilner is seeking $900,000 in actual damages. He told the jury they are not bound by this figure, that they are free to go higher or lower.
Brown & Williamson attorney John Nyhan spoke for only an hour-and-a-half, attacking the integrity of Maddox's wife and daughter Angela Widdick and suggesting they were motivated by money in this suit. He also argued extensively about Roland Maddox's personal responsibility. Wilner has not denied Maddox's partial responsibility, but the defense has staked their case on this issue. Nyhan said it could not be proved that Maddox would have quit smoking had he had more information earlier about smoking's risks. He denied that any alleged conspiracy could have defrauded Maddox. Nyhan also argued there was no evidence the American Tobacco Company could have produced a safer, commercially feasible product -- something the plaintiffs need to prove.
If the jury finds liability on one or more claims and actual damages for the Maddox family, then they will will have to decide whether the plaintiffs deserve punitive damages awarded. If the jury says no, then trial will end at that time. If the jury says yes, they will return to hear more evidence and arguments about the worth of Brown & Williamson and then deliberate again on the amount of punitive damages.
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