Philip Morris Urges Tossing Of $12M Award To Smoker's Son

Law360, Los Angeles (June 11, 2013, 5:28 PM EDT) -- Philip Morris USA Inc. urged a California appeals court on Tuesday to overturn a $12.8 million jury award to a man whose father died of lung cancer caused by smoking, saying it was based on an incorrect measure of damages for loss of consortium.

The tobacco company's attorney Daniel Collins cited a 91-year-old California Supreme Court case known as Blackwell v. American Film Co. in arguing that the award to Dylan Boeken should be reversed because of instructional error. Boeken's father, who smoked Marlboro cigarettes for...
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