High Court dismisses claim against tobacco firms

A 59-YEAR-OLD man who began smoking at the age of 12 will not be able to sue tobacco companies after a High Court judge yesterday dismissed his claim against three leading firms on the grounds of inordinate and inexcusable delay in bringing his case.

John Thomas McCormack, aged 59, from Cloonaghmore, Abbeylara, Co Longford, gave up smoking in 2004.

Tobacco companies PJ Carroll and Co Ltd; Player and Wills (Ireland) Ltd, Gallagher (Dublin) Ltd had sought an order dismissing Mr McCormack’s claim against them for want of prosecution on the grounds of inordinate and inexcusable delay on his part in the start of his proceedings.

Mr Justice Paul Gilligan ruled that for the court to be asked in late 2006 to determine issues of fact that would be required by the claim, in the absence of many of the persons actually involved, would result in a basic unfairness of procedures and give rise to a serious risk of an unfair trial.

It would, he said, create a clear and patent unfairness in asking the defendants to defend and would fail to provide them with a fair hearing within a reasonable time.

In 1996 Mr McCormack was diagnosed as suffering from arterial disease with arteriosclerosis.

Despite his efforts, Mr McCormack claims he was unable to stop smoking and in February 1999 he was advised strongly to stop smoking but was unable to do so.

At that time he gave instructions to a solicitor on the case and proceedings were initiated in 2000, but Mr McCormack said he was unable to focus on the legal claim as opposed tothe disease he had contracted.

In his action Mr McCormack was claiming damages for the alleged effects of tobacco since he commenced smoking in 1960/61 and a secondary claim relating to alleged ongoing damage to his health caused by alleged addiction to nicotine.

Mr Justice Gilligan said Mr McCormack’s legal advisers had adopted a “wait and see attitude” as to whether or not the State authorities would consider instituting litigation against the tobacco companies and as to whether there was any possibility of some form of special legal aid being made available.

When it became apparent that neither aspect was going to happen, the judge said it was only then that Mr McCormack’s solicitors proceeded to investigate the potential liability of the State.

Mr Justice Gilligan said that in the circumstances he found that the delay involved was inexcusable.