Date: 04-23-2005

Case Style: Bruce E. Coolidge v. Philip Morris USA

Case Number: RIC361063

Judge: Roger Luebs

Court: Superior Court, Riverside County, California

Plaintiff's Attorney:

Shahin F. "Shawn" Khorrami, Van Nuys, California

Defendant's Attorney:

Alicia Donahue, Walter Cofer and Gregory Patrick of Shook Hardy & Bacon, San Kansas City, Missouri (main office) and San Francisco, California

Description:

Bruce Coolidge, age 51, sued Philip Morris USA on a products liability and fraud theories for the injuries and damages he sustained as a result of developing lung cancer from smoking Marlboro cigarettes. Coolidge began smoking at age 12 Coolidge began smoking when he was 12, accused Philip Morris of distorting the health risks and addictive properties of smoking.

Philip Morris claimed that Coolidge suffered from atypical carcinoid cancer, which is not usually associated with smoking.

Outcome: Defendant's verdict.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Editor's note: While there have been a few exceptions, the tobacco industry continues to win most of the products liability claims brought against the companies by smokers who claimed that they have been harmed by tobacco products manufactured and sold by the defendants. In those cases where plaintiffs have prevailed at the trial level, many cases have been reversed or the amounts awarded have been reduced on appeal. The litigation costs incurred by the tobacco industry must be staggering but any other alternative would probably result in liquidation of the companies in the United States. It is anticipated that Merck will use a similar approach in its defense of Vioxx.