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Widdick v. Brown & Williamson

"The Tobacco Conspiracy Trial"

Brown & Williamson Liable in Smoker's Death and Guilty of Conspiracy

Tobacco Conspiracy Trial
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(June 10) After almost two days of deliberations, a jury found that the Brown & Williamson Tobacco Company was liable in the death of late smoker Roland Maddox and that the tobacco company was part of an industry-wide conspiracy to defraud the public and Maddox about the dangers of smoking.

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Maddox's daughter, Angela Widdick, who was the lead plaintiff and represented her father's estate, and Maddox's widow, Margaret Maddox, shed tears of joy as the verdict was read. The jury also found Brown & Williamson guilty of negligence and of manufacturing a defective product in Lucky Strike cigarettes, the brand Maddox smoked for nearly 50 years.

The Maddox family was awarded $52,249 in medical expenses; the jury also awarded Mrs. Maddox $500,000 in compensatory damages to the widow for her loss of companionship and the earnings of her husband. And most importantly, the jury found that Brown & Williamson must pay the Maddox family $450,000 in punitive damages for their loss.

"It was overwhelming. My heart throbbed," Widdick said following the verdict. "I just clutched my dad's picture and said, 'Daddy we did it!' I had made a promise to him."

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"I think this verdict is an important one for the country," plaintiff attorney Norwood Wilner said. "If these tobacco companies want to stay in business, they must do more, they must do better."

The verdict surprised Brown & Williamson.

"I was surprised and frankly disappointed," Brown & Williamson attorney John Nyhan said. "We thought that they [the jurors] would recognize Mr. Maddox's responsibility for his illness. A number of errors were made in the trial; we felt that the documents used in the trial should have fallen under attorney-client privilege and should not have been admitted into the trial."

This was Wilner's second victory against Big Tobacco and the second time a tobacco company has been ordered to pay punitive damages to a plaintiff. (Wilner's first victory in tobacco litigation came in 1996 when he represented Grady Carter against Brown & WilliamsonThe punitive damages against Brown & Williamson could reach millions of dollars.

Nyhan indicated that Brown & Williamson would appeal the verdict.

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