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S P E C I A L Tobacco Under Attack

Closing arguments due in Florida woman's tobacco lawsuit

Karbiwynk October 29, 1997
Web posted at: 10:03 a.m. EST (1503 GMT)

JACKSONVILLE, Florida (CNN) -- Lawyers were to make their closing arguments Wednesday in the case of a Jacksonville woman who had been smoking for decades and is now suing R.J. Reynolds Tobacco for causing her lung cancer.

Joann Karbiwynk is the third tobacco case brought to trial by attorney Woody Wilner on behalf of smokers who claim they suffered from cancer caused by cigarettes. Wilner has won one case and lost another, but has more than 100 similar cases ready to go to trial.

Observers say a key question is whether the tobacco industry will be willing to strike a deal with Wilner to end the litigation.

Karbiwynk smoked 1 1/2 packs of cigarettes a day for 30 years, mostly brands produced by R.J. Reynolds. In 1995, 11 years after kicking the habit, Karbiwynk was diagnosed with terminal lung cancer. A year later, the disease had spread to her brain.

"I never thought it would happen to me," she told CNN. "When my doctor told me it was caused by cigarette smoking all those years I was angry."

Karbiwynk told the court that she started smoking in 1954, at age 16. She maintains that R.J. Reynolds should have been honest and told the public about the risks of smoking. "If they just let me know I wouldn't have started," she said.

R.J. Reynolds contends in this trial -- as it has in previous ones -- that the dangers of cigarettes were known then, and are known today. "She was fully aware of the risks from the use of the product," said R.J. Reynolds spokesman Dan Donahue.

Wilner believes that the company will agree to a settlement. "I think there will be a deal. I think the industry will realize that it owes some compensation to the people it's injured," he said.

Donahue disagreed. "I can tell you without any reservation whatsoever that there are no settlement discussions gong on between this company and Mr. Wilner with respect to this case or any other case ... nor will there ever be."

While Karbiwynk's cancer is in remission, she has to live with the fear that it could quickly worsen anytime. In the meantime, she is hoping that the jury will believe her claims and come down on her side.

Correspondent Robert Vito contributed to this report.

 
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