California flight attendant loses tobacco smoke illness claim in Miami trial

MIAMI (AP) A jury rejected a damage claim on Friday from a flight attendant who blamed secondhand smoke in airliners for aggravating his lung disease.

The trial for compensatory damages on the claim was the sixth to go to a jury following a 1997 settlement between tobacco companies and the nation's nonsmoking flight attendants.

Philip Gerson, attorney for James A. Seal, a San Francisco-based attendant for United Airlines, said he was disappointed with the outcome but was gratified that the jury had concluded that second-hand smoke aggravates asthma.

Attorney Gareth Cooper for tobacco company Brown & Williamson said he was pleased with the verdict.

``The evidence presented to this jury made it clear that exposure to secondhand smoke did not cause Mr. Seal's problems,'' he said.

Under the 1997 Miami class-action settlement, attendants received no money. Four leading cigarette makers agreed to fund a $300 million medical foundation and were left facing compensatory damage claims by individual attendants.

Tobacco companies have won all but one. The only flight attendant to win in the six suits tried so far received a $5.5 million verdict.

R.J. Reynolds attorney R. Dal Burton called the verdict ``particularly satisfying'' because his company believes a court order governing all of the attendants' claims handicaps the tobacco industry.

(Copyright 2003 by The Associated Press. All Rights Reserved.)