Kelley | Uustal Attorneys Win $10.6M Verdict for Family of Late-Life Smoker

Kelley | Uustal attorneys Eric S. Rosen and Kimberly L. Wald secured a $10.6 million verdict against R.J. Reynolds Tobacco Co. on behalf of the family of a smoker who died of lung cancer.

Although the case was part of the Engle progeny, it was a rare one because the deceased, Janice Hamilton, started smoking at 31 years old, which is significantly later than most claimants. This meant Rosen and Wald couldn’t use any of the well-known industry documents showing that Big Tobacco targeted children and teens. Rosen knew this would be a challenge, but as he told the Daily Business Review, “the idea is that whether you’re 15, or you’re 31 or 40, and you pick up a cigarette, there’s a very high potential for getting addicted.”

The jury determined Hamilton was addicted to the cigarettes that caused her cancer. While they found her to be 22.5% at fault, R.J. Reynolds was assigned the remainder of the blame. Each of the Hamilton’s three adult children were awarded $2 million, as well as a total of $4.6 million in punitive damages.

DBR08302019414170-Kelley

Featured on the Today Show - John Uustal Discusses Boat-Related Carbon Monoxide Poisoning, a Lethal Threat

Did you know that carbon monoxide can be a lethal danger even out on the open water? Ally Sidloski was perfectly healthy when she went out for a day of boating. In fact…

Eight lawyers from Kelley | Uustal were recognized in The Best Lawyers in America© 2022

Kelley | Uustal is proud to announce that eight of our attorneys were recognized in the 2022 edition of The Best Lawyers in America© in the categories Best Lawyers, Ones to Watch, and Lawyer of…

DBR Interviews Michael Hersh and Kimberly Wald on the $35 Million Verdict Secured for their Client

What was supposed to have been a lovely day for a newly engaged couple took an ugly turn when the two were involved in a car crash that would lead to one of…