Shannon Miller's Comparison of Tobacco Deaths to 9/11 Leads to Mistrial

Javascript is required to watch this video

If you have enabled JavaScript and still cannot play the video, please contact support.

While strong testimony from an expert witness can be the linchpin to a favorable jury verdict, the converse is also true, as one ill-timed statement from an expert can destroy even the best-prepared case. In Morse v. R.J. Reynolds, an expert’s reference to the September 11 World Trade Center attacks led to a mistrial in a wrongful death tobacco case potentially worth millions.

Pearl Morse sued tobacco manufacturers R.J. Reynolds and Philip Morris for the lung cancer death of her husband, Jay. Nicotine addiction and its link to Jay Morse's cancer was a key element to the case. To help establish addiction, Morse’s attorneys called Dr. Shannon Miller, an addiction expert, to testify. At the end of three days on the stand, however, when asked how many people will die prematurely from smoking, Miller answered "(A)bout 430,000 people die of smoking each year. It's the equivalent of about three World Trade Centers."

The testimony, less than a week after the 13th anniversary of the attack on the World Trade Center, prompted a swift objection from the defense.

Although Judge George Turner allowed the parties to continue until the day's end, the next morning he granted a defense motion for a mistrial based on the possibility that the statement may have been calculated to inflame the jury. 

“We’re dealing with a psychiatrist here, and there could be a subliminal plant dealing with what he mentioned and what he knew not to mention: (the) Twin Towers.' So the subliminal plant deals with punishment,” Judge Turner said. 

“There’s a correlation there that I can’t get beyond,” Judge Turner explained as he declared a mistrial. 

Miller’s testimony in Morse, and the effect it had, is a reminder of how high stakes can be in expert testimony.

View Similar Clips

More from the Proceeding
Morse v. R.J. Reynolds Tobacco
More from Industry
Tobacco
More from Practice Area
Tobacco

Suggest a Trial

Want to see a trial that you don't see in our list of upcoming trials?

Suggest a Case

CVN Essentials

The most important and informative moments of each trial

CVN Essentials

Video Library

Unlimited access to thousands of hours of past coverage of high stakes civil litigation

Video Library

  • Follow Us
  • Contact Us
  • 4901 Olde Towne Parkway
  • Suite 100
  • Marietta, GA 30068
  • 877-834-8627
  • 404-935-0321

Copyright 2024 Courtroom Connect.