Marie Schwartz v. Philip Morris Companies Inc.

Marie Schwartz v. Philip Morris Companies Inc. The six-week trial took place in the state of Oregon and was tried in Multnomah County Circuit Court before Judge Roosevelt Robinson. Family members filed a wrongful death case against Philip Morris on behalf of decedent Michele Schwartz, who smoked Merit Lights from 1976 until her death. Claims presented before the jury include negligence, strict liability and fraud. The deliberation lasted for four days. ("$150m Jury Award In Light Cigarette Suit," 2002)

It has been reported that Philip Morris argued at trial that the deceased understood the dangers and risks associated with smoking but chose to consume the product and should be held responsible for her choice. The plaintiffs countered that the decedent consumed light cigarettes with the goal to stop smoking but that the Merit Light cigarettes proved to be a psychosomatic crutch for her and interrupted her efforts.

The plaintiffs also argued that Philip Morris promoted low-tar cigarettes as a safer and healthier substitute to standard cigarettes. ("$150m Jury Award In Light Cigarette Suit," 2002)

At the end of the trial and the four-day deliberation the jury awarded millions of dollars.

The following is a summary of the amounts that the jury awarded to the Schwartz family.

For the negligence claim, the jury awarded Schwarz $118,514.22 in economic damages, $50,000 in noneconomic damages and $25 million in punitive damages. Concerning the strict liability claim, the jury awarded Schwarz $118,514.22 in economic damages, $50,000 in noneconomic damages and $10 million in punitive damages. Concerning the fraud claim, the jury awarded Schwarz $118,515.22 in economic damages, $50,000 in noneconomic damages and $115 million in punitive damages. Ultimately an Oregon judge reduced the punitive damages to $100 million and reduced the verdicts on the negligence and strict liability claim to $60,442.25 in economic damages and $25,000 in noneconomic damages." ("$150m Jury Award In Light Cigarette Suit," 2002)

The outcome of the case is based on the wrongful death statute in the state of Oregon. The wrongful death statute alleges that the decedent was killed as a result of negligence on the part of Philip Morris, and that the surviving dependents or beneficiaries are entitled to financial damages as a result of the defendant's conduct. Negligence is a tort consisting of the breach of a duty of care resulting in damage to the plaintiff.

Wrongful death claims can be made in cases of automobile accidents, defective products, malpractice and other wrongful behavior that causes the death of an individual. Immediate family members including spouses and children can make a wrongful death claim. Some states also extend the potential group of plaintiffs to grandparents, and extended family. ("General Wrongful Death Questions," 2002)

There are several types a damages that can be covered in a wrongful death lawsuit including; Immediate expenses associated with the death, loss of victim's anticipated future earnings until time of retirement or death, loss of benefits as a result of the victim's death, loss of inheritance caused by the death, pain and suffering, or mental anguish to the survivors, loss of care, protection, companionship, general damages and punitive damages. ("General Wrongful Death Questions," 2002)

In the aforementioned case punitive damages were awarded. In theory, punitive damages are awarded not to pay off the plaintiff, but to penalize the defendant. Therefore, punitive damages are not awarded unless it is proven that the defendant's actions, which caused the decedents death, were deliberate, malevolent, or egregious. ("General Wrongful Death Questions," 2002)

The public policy behind this law is designed to compensate people whose family members died as a result of the negligence of another individual or a company. It is also designed to ensure that companies take special care not to create products that can cause the death of another person. When it is found that a company or individual is negligent and thus liable for a wrongful death the person or firm is punished in an effort to ensure that the party will not perform such negligence again.