Mendez v. Philip Morris

Summary

In this trial, Diana Scandella developed fatal lung cancer after smoking cigarettes since she was around 12 years old. Scandella's family sues Philip Morris and R.J. Reynolds, producers of the cigarettes Scandella smoked for decades, claiming that their cigarettes were unreasonably dangerous and caused her cancer. Attorneys for Scandella assert that tobacco companies made cigarettes inhalable and adjusted nicotine levels to better hook smokers. They claim that these factors made cigarettes unreasonably dangerous.

Defendants argue that Scandella knew the risks of smoking yet chose to continue. Additionally, they claim that these cigarettes were not unreasonably dangerous, as inhalability and nicotine are qualities inherent to cigarettes.

Outcome

Verdict for plaintiff.
Total damages: $4.5 million.

Apportionment of fault:
Diana Scandella: 80%
Philip Morris: 13%
R.J. Reynolds: 7%