Both Sides Claim Victory in Tobacco Ruling

By Deanna Fené First Coast News

JACKSONVILLE, FL -- The Florida Supreme Court recently rejected a $145 billion verdict against tobacco companies. The justices said it had been a mistake to let the class action lawsuit go to court.

Both sides are now claiming victory. Cigarette companies believe it's a big win for them because class action lawsuits are no longer allowed.

However, a local attorney who fought the cigarette companies and won says the ruling will make it easier to try their individual cases.

Woody Wilner says, "The toll from this preventable epidemic is huge."

Wilner represented Grady Carter 10 years ago against big tobacco. Carter ended up walking away from a Jacksonville courtroom the biggest winner to date in any suit against the tobacco industry. Wilner says that case paved the way for another major decision a decade later, this time by the Florida Supreme Court. "The Florida Supreme Court has ruled cigarette smoking is addictive."

While class action lawsuits are no longer allowed, Wilner says he has up to 10,000 individual cases that are qualified to individually sue the tobacco companies for damages. "We intend to file as many cases that are presented to us."

Grady Carter is now a frail 76-year-old former smoker who survived lung cancer, and he too is pleased with the Supreme Court ruling. "I have many friends who were not as lucky as I and have died of lung cancer. Any way we can stop this, I hope they get compensation."

Carter eventually received $1 million.

The ruling means Florida residents who smoked and whose disease first manifested itself (from 1990 to 1996) can now individually sue the tobacco companies for damages within one year from the mandate of the Florida Supreme Court. It is estimated 700,000 residents could qualify.

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