Widow fails in suing tobacco giant in 12-year battle

A WIDOW failed yesterday in the first bid in British courts to sue a tobacco giant for the death of her husband from lung cancer.

Alfred McTear was diagnosed in 1992 and started legal action against Imperial Tobacco in January 1993. After his death in March that year at the age of 48, his wife pledged to continue the fight, claiming £500,000 (€738,000) in damages.

But yesterday Judge Nimmo Smith ruled Margaret McTear and her legal team had failed in their bid to find the company liable for his death.

The firm, represented by Michael Jones QC, had denied blame and insisted Mr McTear was aware of the health risks involved.

The 60-year-old widow, from Beith in Ayrshire, said she was disappointed by the judgment but admitted she had not expected to win.

Speaking outside the Court of Session in Edinburgh, she said: “I’m a bit disappointed but all the publicity over the years has highlighted the dangers of smoking and that’s a victory in itself.”

Her solicitor, Cameron Fyfe, said he was disappointed for his client, who had put 13 years into the case.

He added the case might have been won if Mrs McTear had been granted legal aid.

The landmark case of Mrs McTear versus Imperial Tobacco was the first of its kind in Britain to go the full distance in court.

The battle took more than 10 years to reach the full evidence-hearing stage, which lasted 42 days.

The family’s team, led by Colin McEachran QC, argued that when the father-of-three started smoking in 1964 there were no warnings on cigarette packets and by the time they appeared in 1971 he was already addicted.

At the height of his habit, Mr McTear smoked 60 cigarettes a day.

During earlier evidence, Mrs McTear said smoking was advertised as being glamorous in the 1960s.

But the judge said Mr McTear would have been aware of the dangers and ruled that Mrs McTear’s case failed on every count.

He said: “I am satisfied that Mr McTear was aware, in common with the general public, well before 1971 of the publicity about the health risks associated with smoking, and in particular the risk of lung cancer.

“He started smoking because it was socially acceptable and most young people started smoking as part of becoming adults.

“I am prepared to accept that Mr McTear found it difficult to wean himself off his habit and in that sense could be described as addicted. I do not accept that he was, for this reason, unable to stop smoking.”

A spokesperson for Imperial Tobacco, the world’s fourth largest tobacco firm, said that the company hoped the verdict would deter others from making similar claims in future.