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Local Tobacco Lawsuits Sit In Limbo

DAYTONA BEACH -- That process, which will play out in courtrooms across the state, has started moving forward. For six local cases against Big Tobacco, the recording of statements and gathering of evidence is under way. Circuit Judge William Parsons, who was selected to manage the local cases, issued an order late last year that lays out how he will deal with hearings, which will lead to trials. Court action is expected to begin in November.

More than 150 local smokers suing online cigarettes companies are awaiting their day in court, but their day could take years. Parsons also established an order of the cases, giving first priority to lawsuits filed by smokers who are still alive and older than 65, and to wrongful death cases in which the survivor is that age or older.

The remaining cases will be tried in the order they were filed. Because of required refilings and duplication of case numbers, the exact number of cases is difficult to pin down. New cases are still being filed. Judges across the state are also preparing to handle more than 9,000 tobacco cases that have been filed since 2006, when a Florida Supreme Court decision paved the way for individual lawsuits.

It is not yet known which lawsuit in the initial group of six cases here will be first to go to trial. Among the first six plaintiffs, three are former smokers in their late 80s. While most of the smokers in the tobacco lawsuits are deceased, all involved -- widows, widowers, grown children and siblings -- hope to live long enough for their cases to be heard in court.

Jason Harr, an attorney representing four local clients in tobacco lawsuits, said it is important for those who claim they were made sick by cigarettes to have their chance to stand up against tobacco companies. "We want all of our clients to have their day in court," Harr said. "We hope that our clients will have that day." But for many, getting there could take years.

The recent flurry of local tobacco-related lawsuits filed at the City Island courthouse in Daytona Beach was the result of an order from Parsons that the cases already before the court be refiled. The Volusia and Flagler cases, like others throughout the state, were made possible by the 2006 state Supreme Court ruling that tossed out a $145 billion award in the Engle class action lawsuit, prompting individual smokers to file their own suits.

The first cases to be tried in Volusia County will help court officials plan for other trials. It is not known, for instance, how long each trial will take. The first individual tobacco case to be tried in Florida was last year, in Broward County. That case, brought on behalf of a locksmith whose widow claimed he smoked two packs a day for 40 years, ended in a mistrial. According to published reports, the judge halted the trial after an expert witness for the plaintiff used a racial slur in answering a question.

While Harr and other attorneys say cases tried before others won't control future outcomes, the first trials in the state will be watched closely. Attorneys say every case is different and must be considered independently. The class action lawsuit was filed in 1994 against several tobacco companies, claiming the companies participated in unlawful, misleading and fraudulent conduct by deceiving the public about the harmful effects of smoking. The cases claimed the tobacco companies concealed the dangers.

A jury in Miami awarded the smokers $145 in damages, but the award was overturned. While the ruling opened door to the individual filings, the decision also upheld the verdict that tobacco companies were negligent in selling defective products that caused illness. Tobacco company executives say they will defend each case.

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