Trial Magazine

Lucien England Sr. began smoking Newport cigarettes in 1960, when he was approximately 10 years old. England, who received free Newport sample packs that were distributed on doorknobs in New York City, became addicted to cigarettes and was later diagnosed with laryngeal and bladder cancers. He required throat and bladder surgeries and ­underwent radiation and chemotherapy. England died of bladder cancer at 61. He is survived by nine children.

Patrice Hale Brown also began smoking Newport cigarettes in the 1960s, when she was 16. She became addicted to cigarettes and developed smoking-related small cell lung cancer. She underwent chemotherapy and radiation, including to her brain, and died of her metastatic disease at 67. Brown is survived by one child.

England and Brown, and later, England’s successor and Brown’s estate, sued R.J. Reynolds Tobacco Co., as successor by merger to Lorillard Tobacco Co. and Lorillard, Inc., alleging defective design; inadequate warnings; fraudulent concealment and misrepresentation; conspiracy; and negligent design, marketing, and sale of Newport cigarettes.

The plaintiffs argued that Lorillard marketed Newport as a lifestyle brand and “fun cigarette” and directed this message to an immature audience to induce children and teens to begin smoking the cigarette. Lorillard took this and other misleading actions—such as targeting African-Americans—the plaintiffs asserted, despite its knowledge that smoking was addictive and caused cancer and other fatal diseases. The plaintiffs did not claim medical expenses or lost income.

The court consolidated the cases for trial but used two separate juries.

The juries awarded $113.3 million. The England jury awarded $1 million in compensatory damages and $30 million in punitive damages. The Brown jury awarded $70 million in compensatory damages and $12.3 million in punitive damages.

Citation: England/Brown v. R.J. Reynolds Tobacco Co., Nos. ST-10-CV-631, 692 (V.I. Super. Ct. St. Thomas & St. John Divs. Aug. 24, 2018).

Plaintiff counsel: AAJ member Russell Pate, St. Thomas, V.I.; Gordon Rhea, St. Croix, V.I.; and Michael Weisman, Missouri City, Texas.