ALSO: Young smokers mean big bucks for tobacco firms, tax coffers  IN-DEPTH SPECIAL: Tobacco under attack

June 30, 1999
Web posted at: 2:55 p.m. EDT (1855 GMT)

From staff and wire reports

MIAMI (CNN) -- The jury deciding a landmark class action anti-tobacco lawsuit ended its third day of deliberations Wednesday without reaching a verdict.

The panel has now spent a total of 19 1/2 hours behind closed doors.

After the jury was dismissed for the day, Dade County District Court Judge Robert Kaye said, "That is one hardworking jury."

Prior to their dismissal, jurors said nothing to the court and simply nodded their heads when asked if they were prepared to continue Thursday.

As the third day of deliberations began, a juror asked Kaye: "What if we were deadlocked on a particular question; we couldn't get to a unanimous position on a particular question?"

Kaye urged the four men and two women to listen to each other's opinions as they answer the 10 questions on the verdict form they were given. Then, if they reach an impasse, "Let us know."

But Kaye added, "We try to do our very best to avoid that."

"Do the best you can, folks. That's all I can tell you," he said.

The jurors, who are not sequestered, began deliberating late Monday morning. There were hints that the panel was having trouble when one juror complained Tuesday night, "We need a break. We're stuck."

Tobacco case is a first

Opening statements began October 19 in the trial, in which an estimated 500,000 Floridians and their families are seeking at least $200 billion in damages from the companies and two now-defunct industry groups.

The case is the first class-action smokers' lawsuit to make it to trial. The panel must decide whether the tobacco giants are liable for health problems smokers claim they suffered because they couldn't quit smoking.

The smokers say the tobacco industry made a defective product and conspired to deceive the public and government about smoking-related illnesses.

The industry contends smokers should have known the risks of smoking and made their own decision to light up. Tobacco officials also deny allegations they purposely made more addictive cigarettes.

If the jury finds the companies guilty, they will consider compensatory and punitive damages.

The defendants are Philip Morris Inc., R.J. Reynolds Tobacco Co., Brown & Williamson Tobacco Corp., Lorillard Tobacco Co. and the Liggett Group Inc., as well as the now-defunct Council for Tobacco Research and the Tobacco Institute.

Also Wednesday, lead tobacco attorney Robert Heim asked Kaye to relax his gag order to allow tobacco representatives to talk with reporters. But the judge forbade lawyers and parties to the case to do so.

Correspondent Susan Candiotti and The Associated Press contributed to this report.

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