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Florida Tobacco Trial: Jury Deliberates on Punitive Damages

Aired July 14, 2000 - 1:01 p.m. ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

NATALIE ALLEN, CNN ANCHOR: A Florida jury began deliberations today in a court case that could devastate the U.S. cigarette industry. Jurors must decide how much the big tobacco companies should pay in punitive damages to Florida smokers suffering from health problems.

CNN's Susan Candiotti joins us from Miami -- Susan.

SUSAN CANDIOTTI, CNN CORRESPONDENT: Hello, Natalie.

This jury began deliberations about 10:00 the morning, asked for its notes and then took a lunch break about two hours later, so we might safely assume that they could be starting their work again at any time now.

This is the first class-action smokers lawsuit involving a class- action ever to reach a jury. A class-action suit involving secondhand smoke did go to jury, but was settled for $342 million -- did go to trial, but was settled for $342 million before a jury's deliberations began in that particular case.

But in this case, jurors were told by the judge that any penalty they might award the Florida smokers in this case cannot bankrupt a business.

(BEGIN VIDEO CLIP)

JUDGE ROBERT KAYE: You will now determine the amount of punitive damages, if any, to be assessed as punishment and as a deterrent to defendant's and others. This amount would be in addition to the compensatory damages you have previously awarded and that may be awarded to class members in future proceedings in this case.

In making this determination, you should consider the following: one, the nature, extent and degree of misconduct and the related circumstances; two, each defendant's financial resources; and three, any other circumstances which may affect the amount of punitive damages.

(END VIDEO CLIP)

CANDIOTTI: The attorney representing Florida's smokers, Stanley Rosenblatt, has Big Tobacco of lies and deceit, 50 years worth, and wants a record $154 billion. That amount would be way beyond a previous award of $5 billion awarded last year in a GM product liability case.

Who are the jurors in this matter? Four men, two women, four are non-smokers, one is a smoker and one happens to be a former smoker. Their occupations are varied, including a bank teller, a welder and a phone technician.

Now of course there is no way of knowing how long this jury will be out, but we do know this: Whatever the verdict is, it will be appealed. In fact, the lawyers for Big Tobacco have already filed this day a motion for a mistrial, because they said that their closing arguments were unfairly restricted by this judge -- Natalie.

ALLEN: Susan Candiotti, and we'll have live coverage when that verdict comes in -- thanks, Susan.

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