Smoker wins $28-billion judgment

Deepa Bharath

NEWPORT BEACH -- A Los Angeles Superior Court jury on Friday

awarded an unprecedented $28 billion in punitive damages to a

64-year-old Newport Beach woman.

Betty Bullock, a longtime smoker with terminal lung cancer, had

accused tobacco giant Philip Morris of negligence and fraud.

Last week, jurors awarded Bullock $850,000 in compensatory

damages. Bullock, who has been smoking since she was 17, primarily

smoked Benson and Hedges cigarettes, a popular brand manufactured by

Philip Morris.

Bullock’s attorney, Mike Piuze, said that Philip Morris “got

exactly what it deserved.”

“Philip Morris did not deny that they purposely misled all of

their addicted smokers about the dangers of smoking and gave them

false hope,” he said. “Miss Bullock admitted that she was partially

responsible for her fate because she believed their lies.

“Philip Morris never apologized to her,” he said.

Bullock knows she will probably never see any of the money from

the award, Piuze said. Her plan is to use the money to set up a

foundation “to prevent youth smoking, prevent smoking initiation and

to encourage smoking cessation by other addicted smokers.

“In this way, maybe something positive can come from her

misfortune,” he said.

In her lawsuit, Bullock claimed that Philip Morris made and sold

cigarettes that were defective. Further, she claimed that the company

concealed the addictiveness of nicotine and the nature and extent of

its dangers, and manipulated the level of nicotine to keep smokers,

including her, addicted.

The $28 billion is the largest punitive award ever in a U.S. case.

Philip Morris attorney William Ohlemeyer said the company will

appeal the jury’s verdict. The decision should be overturned “because

it is inconsistent with the evidence and applicable law,” he said.

“This jury should have focused on what the plaintiff knew about

the health risks of smoking and whether the company ever said or did

[anything that] improperly influenced her decision to smoke or not to

quit,” he said.

The company intends to file a motion in trial court to set aside

the verdict and order a new trial. Failing that, it will ask the

court to reduce the amount of punitive damages awarded, Philip Morris

officials said. In addition, they said they would appeal the decision

to the state Court of Appeals.

The case was initially filed in state court. It was removed three

times to federal court and sent back three times to the state court.

* DEEPA BHARATH covers public safety and courts. She may be

reached at (949) 574-4226 or by e-mail at deepa.bharath@ latimes.com.