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<DIV><FONT size=4><FONT size=3><SPAN class=artsectiontitle><EM>Associated
Press</EM></SPAN> </FONT></FONT></DIV>
<DIV><FONT size=4><FONT size=3><BR></FONT><FONT size=3><SPAN
class=mainarttitle><FONT size=6><STRONG><SPAN class=mainarttitle>Mass. High
Court Rejects Tobacco Defense</SPAN> <BR></STRONG></FONT></SPAN><SPAN
class=mainartauthor>By DENISE LAVOIE , </SPAN><SPAN
class=mainartsrc></SPAN><SPAN class=mainartdate>05.18.2006, 03:25 PM</SPAN>
<BR><BR></FONT></DIV>
<DIV><!--/OUTER BOX TABLE--><SPAN class=mainarttxt>The state's highest court on
Thursday rejected one of the tobacco industry's most successful defenses in
wrongful death lawsuits, ruling the companies cannot shield themselves from
liability simply by claiming that smokers should know cigarettes are
dangerous.</SPAN> <BR><BR><SPAN class=mainarttxt>The ruling came in a wrongful
death lawsuit filed against Philip Morris Inc. by Brenda Haglund, whose husband
died of lung cancer in May 2000.</SPAN> <BR><BR><SPAN class=mainarttxt>The
lawsuit was dismissed by a lower court judge.</SPAN> <BR><BR><SPAN
class=mainarttxt>But the state Supreme Judicial Court reinstated Haglund's suit,
ruling that the so-called "personal choice defense" often used by tobacco
companies cannot be used by Philip Morris in Haglund's case. The court ruled
that type of defense can only be used if a reasonably safe product was used in
an unreasonable way.</SPAN> <BR><BR><SPAN class=mainarttxt>"Here, however, both
Philip Morris and the plaintiff agree that cigarette smoking is inherently
dangerous and that there is no such thing as a safe cigarette. Because no
cigarette can be safely used for its ordinary purpose, smoking, there can be no
nonunreasonable use of cigarettes," the court said in its unanimous, 7-0
ruling.</SPAN> <BR><BR><SPAN class=mainarttxt>The court said it would not block
the use of the personal choice defense in every cigarette-related case. The
defense might be used when a person's behavior was "overwhelmingly
unreasonable," such as when someone with emphysema decided to start
smoking.</SPAN> <BR><BR><SPAN class=mainarttxt>But the court said the defense,
"which serves to deter unreasonable use of products in a dangerous and defective
state, will, in the unusual course, be inapplicable."</SPAN> <BR><BR><SPAN
class=mainarttxt>An attorney for Philip Morris declined comment, and referred
calls to a company spokesman, who did not immediately return a call
Thursday.</SPAN></FONT></DIV></BODY></HTML>