California justices hand sick smokers a victory

0 Comments | Deseret News (Salt Lake City), Feb 16, 2007

SAN FRANCISCO (AP) -- The California Supreme Court on Thursday removed a legal barrier that prevented sick smokers from suing tobacco companies for damages.

The state's highest court ruled that smokers must sue cigarettemakers within two years of being diagnosed with a tobacco- related disease -- rather than within two years of becoming addicted to smoking.

The ruling came nearly two years after the 9th U.S. Circuit Court of Appeals asked the California Supreme Court to clarify a state law governing when smokers must file tobacco-injury suits.

California state courts have allowed smokers to sue for tobacco- related maladies years after they become addicted, but most cases filed by California plaintiffs are moved to federal court because the suits involve out-of-state tobacco firms.