Mass. Court Tosses Part Of Cigarette Samples Case

Massachusetts' highest court says the family of a late Boston woman who got free cigarette samples as a child can keep $35 million in punitive damages, but it threw out an $81 million compensatory damages award.

The justices on Tuesday ordered a new trial on the compensation issue.

The wrongful death suit was brought against Greensboro, N.C.-based Lorillard Tobacco Co. by the son of Marie Evans, who died of cancer in 2002 at age 54. Her family said she became a regular smoker at about age 13 after repeatedly getting free Newport cigarette samples at a playground.

The justices found jurors didn't get proper instructions on a wrongful death theory based on negligent design and marketing.

They also vacated the finding that Evans' death was caused by Lorillard's negligence.