Robert W. Johnson & Associates was solely retained to provide economic testimony in quantifying punitive damages.
Location: Brooklyn, NY
Case: Gladys Frankson v. Brown and Williamson Tobacco Corporation, et al.
Court: Supreme Court of New York, Kings County, Brooklyn, New York, Index No. 24915/00.
Plaintiff’s Attorneys: Plaintiff’s attorneys Michael London and Gary J. Douglas, New York, New York.
Judge: The Honorable Herbert Kramer.
Case Synopsis: Harry W. Frankson began smoking in his early teenage years. He smoked unfiltered Lucky Strike cigarettes for over forty years until he was diagnosed with lung cancer in 1998. Mr. Frankson died in February 1999 at the age of 58.
After his death, Gladys Frankson sued American Tobacco Company, original maker of Lucky Strike, in a product liability suit for failing to warn customers of the dangers of smoking. In 1995, American Tobacco merged with Brown and Williamson.
On December 18, 2003, the jury awarded Mr. Frankson’s estate a $350,000 verdict against Brown and Williamson Tobacco Corporation. The jury felt that Mr. Frankson was 50 percent responsible, which reduced his compensatory award to $175,000. The jury also determined that punitive damages would be assessed against the defendants.