Tobacco Defense: Plaintiff Used Cocaine & Did Okay With It

The plaintiff, who was already a smoker when he came to the U.S. from Cuba in 1961, developed a taste for cocaine and was able to enjoy it and still remain abstinent for long periods of time, King & Spalding attorney Jason Keehfus told the jury. The plaintiff “controlled his use of cocaine because he wanted to,” Keehfus said. He also pointed to evidence that the plaintiff did not start smoking Winstons, the R. J. Reynolds product at issue, until 1968, two years after every pack of cigarettes came with a health warning printed on it. The plaintiff, who developed laryngeal cancer in 1993, says the tobacco company conspired to hide the dangers of smoking for decades, and he asks for $6 million in compensatory damages, plus punitives, for himself and his wife. This case is one of numerous spin-offs from Engler, a 1994 Florida class action that was decertified, but with the finding that individual plaintiffs could pursue their cases.