Legal Question in Civil Litigation in Alabama

Tobacco Lawsuit

My mother died in April of 1998 of Lung Cancer at the age of 67. Because of being a smoker since she was 14. She was addicted to R.J. Reynolds Camel no filters. My question is do I have grounds to sue them for pain and suffering for the loss of my mother and my childrens Grandmother?


Asked on 2/05/03, 6:35 pm

3 Answers from Attorneys

Sterling DeRamus Sterling L. DeRamus, Attorney at Law

Re: Tobacco Lawsuit

To my knowledge there are no tobacco suits in Alabama. That is because of Alabama's strict contributory negligence rule which holds that if you are so much as 1% negligently responsible for your injury or death you lose. Also, in your particular situation, the statute of limitations has long since passed. Sorry, but in the future please remember to vote for judicial candidates that will support the little people and not just the big corporations who fund their campaigns. Maybe then we will have some real rights in Alabama.

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Answered on 2/06/03, 12:17 pm
Bobby Lott, Jr. Attorney at Law

Re: Tobacco Lawsuit

While it is possible to sue anyone over practically anything, tobacco presents a number of problems which have vexed plaintiffs over many years. You may have recently read or heard stories about several states settling a multi billion dollar class action against tobacco companies. That case had been going on for YEARS and the attorneys had spent millions of dollars in all kinds of experts, consultants, etc. just to get that far. It is indeed sad that your loved one had to suffer this fate but an individual suit against tobacco is a losing proposition. If you want to persist, I suggest you contact your local bar association for a list of attorneys who will take these kinds of cases. The buzz word to use when asking is either " mass torts" or "consumer products liability". I wish you the best.

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Answered on 2/06/03, 5:22 pm
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Tobacco Lawsuit

I have tried to find an attorney or law firm in Alabama taking these cases; however, I have been unsuccessful. I believe the Beasley, Allen, Crow & Methvin firm in Montgomery are handling some so you may want to get in touch with them at (334) 269-2343.

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Answered on 2/10/03, 11:24 am


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