Judge slashes damages against tobacco giant

A Los Angeles judge ruled that a jury’s $3bn(£2.1bn) verdict against Philip Morris was excessive, but the tobacco giant will get a retrial only if the cancer-stricken plaintiff will not accept a settlement of $100m (£70m).

Superior Court Judge Charles W. McCoy ruled yesterday on a motion by the tobacco giant, arguing that the punitive award was extreme and that the company is likely to face similar cases and could not pay £2.1bn to every plaintiff.

In June, a jury awarded Richard Boeken, 56, the multi-billion dollar punitive award in addition to $5.5m (£3.86m) in compensatory damages.

It was the largest award in an individual lawsuit against a tobacco company.

Boeken, a lifelong smoker with lung cancer, claimed in his lawsuit that he was the victim of a tobacco industry campaign that portrayed smoking as ‘‘cool,’’ but concealed its dangers.

Boeken would have to agree to the reduced £70m settlement by August 24, or Philip Morris will be granted a retrial ‘‘solely on the issue of punitive damages,’’ the judge wrote.

McCoy said he supported the jury’s thinking, but found the £2.1bn sum ‘‘legally excessive.’’