The assertion by the estate of a 57-year-old landscaper that smoking was the primary cause of his chronic obstructive pulmonary disease has been turned aside by a jury.
Attorneys for the estate of Andrew Haliburton had sought $16.5 million in damages from R.J. Reynolds, maker of the tobacco products Haliburton used. The company denied product liability, and its pulmonary expert testified Haliburton’s disorder, with its advanced symptoms, started too early to be included in the Engle-class of damage awards. Another defense expert testified that his condition did not meet the medical criteria for addiction. The jury found that the plaintiff’s claims were time-barred from an Engle-class award.
