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Man Loses Case Over 'smoking Ailments'
The Age
Tuesday May 22, 2007
A SMOKER has lost his claim against Philip Morris, arguing that it had caused his emphysema and other ailments.
County Court judge Susan Cohen also ordered David James Clemens to pay Philip Morris' costs, which the unemployed Craigieburn man estimated was more than $250,000.After yesterday's verdict, Mr Clemens said he would go to the Supreme Court this morning to appeal. "I'm not cocky, I'm not confident," he said outside court.Mr Clemens sued Philip Morris for $100.1 million, but insisted the "vast majority" of that amount was not solely for him, as he was after justice "above all other things".Mr Clemens, 49, was not disappointed with the verdict, even though the jury found Philip Morris had not breached a duty of care. He had contended that the tobacco giant had known for decades that cigarettes were dangerous, but failed to warn smokers.The court was told that Mr Clemens had emphysema and other complaints, as well as an addiction to nicotine.He said he began smoking Marlboro cigarettes in the early 1970s as a teenager, and had never noticed health warnings associated with the habit until 1987, when he briefly quit.Lawyers for Philip Morris, led by Richard Stanley, QC, disputed that Mr Clemens suffered his injuries as a result of smoking, and said it was his own decision to smoke.Mr Clemens, who represented himself in the nine-day trial, was declared a vexatious litigant by the Supreme Court seven years ago, but was given leave to proceed with this case. He had repeatedly sued his old employer, Carlton and United Breweries, insurance firms, doctors and lawyers, despite winning a $120,000 pay-out for an injury that had left him unable to work.
© 2007 The Age