Lifelong smoker can sue tobacco firms

THE Supreme Court yesterday paved the way for a lifelong smoker to sue two tobacco companies for personal injuries caused by smoking.

The three-judge court yesterday dismissed an appeal brought by tobacco manufacturer Gallaher (Dublin) Ltd against a High Court decision, refusing to dismiss the smoker’s claim on the grounds that there was no reasonable cause of action.

Margaret Delahunty, aged 80, from Ballinahowen, Furbo, Galway, a lifelong smoker, has sued well-known tobacco manufacturers Player and Wills (Ireland) Ltd and Gallaher (Dublin) Ltd for personal injuries allegedly caused by cigarettes. She has also sued the Minister for Health and the Attorney General claiming failure on the part of the State to effectively regulate the sale of tobacco products.

Ms Delahunty began smoking cigarettes manufactured by Player and Wills in 1938. Handing down the judgment of the court, Mr Justice Niall Fennelly recounted the basic facts of the case.

He said Ms Delahunty claimed she became addicted at that time and continued to smoke cigarettes - 20 to 30 a day - manufactured by Player and Wills. She changed to a tipped brand in the 1960s.

In 1995, Ms Delahunty became ill, coughing blood and had recurrent chest infections, weight loss and shortness of breath.

Ms Delahunty has claimed she learned of the harm caused by cigarettes , including addiction, from her doctors after the diagnosis of her cancer in October 1995.

At that time, she said she changed her brand to Silk Cut Extra Mild manufactured by Gallaher (Dublin) Ltd. She claimed she has smoked and continues to smoke that brand at a rate of about 20 a day.

Because of her alleged addiction, she claims she is unable to give up smoking.

The judge said it is complained on her behalf that she had suffered continuing injury since 1995 and that such injury was caused by smoking cigarettes manufactured by Gallaher (Dublin) Ltd. The company disputed whether this was properly pleaded.

Counsel for Gallaher (Dublin) Ltd had contended that Ms Delahunty had sustained her injury before she ever smoked a cigarette manufactured by this company.

Counsel for Ms Delahunty submitted that she would make the case that Gallaher (Dublin) Ltd specifically aimed the marketing of its Silk Cut Extra Mild brand of cigarettes, at least in part, at people such as Ms Delahunty who, though already addicted, were concerned about the health risks.

Mr Justice Fennelly said there are complex and difficult issues of law and fact to be decided which are more appropriately argued and tested at the full hearing.