Avoiding Effect of Campbell
Attempting to avoid the effect of Campbell, Richard Boeken sued Philip Morris Inc.9 for negligence, strict product liability, and fraud resulting in personal injuries caused by cigarette addiction. Boeken began smoking when he was a minor in 1957. The jury found that the Philip Morris products consumed by Boeken were defective either by design for failure to warn prior to 1969. The jury awarded Boeken $5,539,127 in compensatory damages and $3 billion in punitive damages. Boeken ultimately accepted a reduction in punitive damages to $100 million. Both parties appealed.
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