Source: Reuter

Tobacco companies ask for mistrial in smoke case

MIAMI (Reuter) Tobacco company lawyers on Wednesday asked for a
mistrial in a $5 billion secondhand smoke case, saying industry
papers approved for use as evidence were protected by attorneyclient
privileges. Judge Robert Kaye of Dade County Circuit Court made no
immediate ruling, a court official said. Jurors were let go about
midday Wednesday and will not return until Tuesday, after the Labor
Day holiday Monday, the official said. The, the first to test claims
about secondhand smoke and the first of a classaction suit against
the tobacco industry, is now in its third month. Lawyers representing
60,000 ailing flight attendants have been winding up their case by
presenting industry documents and reading aloud from sworn testimony
by tobacco executives and scientists. The documents presented include
a Philip Morris memorandum from the early 1960s about the possibility
of producing safer cigarettes and another discussing the chemical
makeup of secondhand smoke. Lawyers for the flight attendants, all
nonsmokers claiming their illnesses were caused by passengers
smoking, and the tobacco companies were scheduled to argue motions on
Thursday, the court official said. Tobacco lawyers are expected to
begin their defense in early September. The trial is likely to
continue into October. The tobacco companies deny secondhand smoke
causes disease and say the incidence of lung cancer and other
smokingrelated illnesses among the flight attendants was no higher
than other nonsmokers. ^REUTER@