Regards, Ivan
Posted on 05/31/2005 12:53:59 PM PDT by MadIvan
A widow whose husband died from lung cancer has lost her legal battle against one of the world's biggest tobacco companies.
Margaret McTear claimed Imperial Tobacco failed to warn her husband Alfred that smoking could give him cancer.
But the judge in the case said: "The pursuer's case failed on every issue on which I would have needed to find in her favour."
Alfred McTear began the action against Imperial in 1993 and his wife continued it after his death that year.
Mrs McTear, 60, of Beith, Ayrshire had demanded £500,000 in damages.
She said she was disappointed at the judgement but had not expected to win.
"I'm a bit disappointed but all the publicity over the years has highlighted the dangers of smoking and that's a victory in itself," she told reporters.
Mr McTear, a former telephone installer, began smoking in 1964 before there were health warnings on cigarette packets.
He was already addicted and smoking 60 a day when the warnings were introduced in 1971.
He was diagnosed with terminal lung cancer in 1992 and died the following year aged 48.
The case took 10 years to reach Lord Nimmo Smith at the Court of Session in Edinburgh in October 2003.
During the earlier hearing, Mrs McTear said smoking was advertised as being glamorous in the 1960s.
But Lord Nimmo Smith, who spent 15 months writing his decision, said: "I am satisfied that advertising had nothing to do with his reasons for starting to smoke.
"He started smoking because it was socially acceptable and most young people started smoking as part of becoming adults."
Imperial Tobacco had denied liability, insisting Mr McTear was aware of the health risks associated with smoking.
A spokesman for the company said: "We hope that today's verdict will act as a deterrent to any further speculative claims in the future."
Regards, Ivan
Ping!
Horse hockey. When I was growing up in the '50's cigarettes were called coffin nails and everybody knew people who smoked who died with lungs resembling full ashtrays.
Add my agreement.
As a smoker, I say good. Suing the tobacco companies fopr smoking is dumb.
"A victory for personal responsibility. According to the poll on Sky News, over 70% of the viewers agree with this verdict."
The British are far more sensible then Americans when it comes to litigation.
WOO HOO!!!!
yay!! personal responsibility 1, viticrats 0
In the 1600's most Englishmen considered smoking to be a dirty and unhealthful habit.
Good for that verdict. Too bad the verdicts over here haven't been similar.
My feelings exactly when I checked my numbers on the Mega Millions $211M drawing.
They must have lived in a bubble if they thought cigarettes weren't bad for them. What a crock!
It may be of interest to you to know, that had this case succeeded, there were going to be many more lawsuits of this type to follow. This decision has effectively blockaded that route.
Regards, Ivan
Good. It's about time these old biddies are slapped down.
It's a sad state of affairs isn't it?
60 cigarettes per day? Geez, did the guy have time to inhale anything other than cigarette smoke when he was awake?
But statistically and historically profitable...
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