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Big Tobacco Goes On Trial In Ft. Lauderdale

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Dec 3, 2008 10:01 pm US/Eastern

Big Tobacco Goes On Trial In Ft. Lauderdale

FORT LAUDERDALE (CBS4) ― For the first time since Florida's Supreme Court threw out a $145 billion punitive damage award against cigarette makers two years ago, the wife of man who died of lung cancer is taking a cigarette company to court.

Elaine Hess filed the suit on behalf of her late husband, Stuart Hess, who she said smoked for 40 years and tried everything from nicotine gum to hypnosis to quit, but nothing worked.

Opening arguements got underway Wednesday in Hess's suit against Philip Morris. Lawyers for the tobacco company claim Hess was not addicted to their client's products and could have quit anytime.

Hess's suit is just one of about 8 thousand waiting to heard after the high court tossed the multi-billion class action suit award in 2006, but ruled that the plaintiffs could sue the companies in individual suits. In their ruling, the state Supreme Court justices upheld the jury's findings that the tobacco companies sold dangerous products and deceived smokers about the addictive nature of smoking.

To win, Hess's attorneys will have to prove that not only was Stuart Hess addicted to cigarettes, but that his lung cancer was caused by his addiction to smoking.

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