Smokers' case to go ahead (fwd)

[Robert Weissman <rob@essential.org>]

Smokers' case to go ahead
by CLAIRE HARVEY
Source: Australian News Network, Saturday, 8/14/99

A CLASS action brought by up to 60,000 Australian smokers against the
big-three tobacco companies for negligence is to go ahead in the Federal
Court.

Justice Murray Wilcox yesterday rejected a bid by Philip Morris, WD & HO
Wills and Rothmans to strike out a class action that could result in
billions of dollars in damages claims.

Two of the six former smokers bringing the action on behalf of other
smokers will give evidence in urgent hearings in Sydney hospitals where
they are dying from what they claim are tobacco-related illnesses.

The hearings have been scheduled over coming weeks.

Terry Tobin QC, counsel for the smokers, said one of the men, Gregory
Durkin, 51, was unlikely to be well enough to sit through lengthy hearings
and would probably not live to see the outcome of the trial. Mr Durkin was
being treated in Sydney's Westmead Hospital, Mr Tobin said.

Justice Wilcox said he was prepared to be flexible in hearing the case and
would allow Mr Durkin to have regular breaks during his testimony.

The smokers allege the tobacco companies deliberately concealed the health
risks of smoking between 1960 and the present, and are claiming exemplary
damages.

In documents filed with the court, they claim they should be compensated
for pain, suffering, loss of enjoyment of life and reduced life
expectations.

Justice Wilcox rejected the cigarette companies' argument that there were
too many differences between the medical histories of individual smokers
for a class action to be mounted.

The trial is expected to go ahead next year.