Post by xyz2900 on Feb 11, 2024 11:05:04 GMT
Cigarette manufacturers continue to prevail in compensation claims from ex-smokers and their families. This time, the 6th Civil Court of Porto Alegre dismissed the compensation action proposed by João Pedro Alves against Souza Cruz. In Rio Grande do Sul, jurisprudence is in favor of cigarette manufacturers. The Rio Grande do Sul court has already handed down 19 decisions favorable to Souza Cruz and only two unfavorable to the company's arguments, which are still awaiting judgment on appeals. In the country, according to data from Souza Cruz, there are 453 actions of this nature against the company. Of these processes, 236 favorable and seven unfavorable decisions have already been handed down, all pending appeal.
The 133 that have already become final and unappealable were in favor of the cigarette manufacturer. Gaucho case João Pedro Alves filed a lawsuit in February 2004 asking for compensation of R$323,000 for moral and material damages. He claimed that his laryngeal cancer was acquired through smoking. The former smoker also stated that the advertisements published by the Belize Email List company induced addiction. The plaintiff died during the action and his heirs were qualified to continue the process. The 6th Civil Court of Porto Alegre denied the compensation request. He based his decision on the lack of proof of the brands consumed by the author, and, above all, on the lack of a medical report proving that the disease was acquired through the habit of smoking.
It is a multi-factorial disease, and in the documents gathered by authorial succession it is impossible to know specifically the cause of the disease that affected João Pedro Alves”, he considered. For the judge, “there is no way to establish an adequate direct relationship between smoking and the cancer that killed João Pedro Alves, a rarer species, whose cause is scientifically unknown”Creditors understand that this value could exceed R$100 billion or more, due to failures in the survey and the volume of cases in trial or costly procrastination. States such as Minas Gerais, Rio de Janeiro, São Paulo and Rio Grande do Sul alone owe billions and billions of reais, the same happening with large city halls such as São Paulo, São Bernardo, Campinas, etc.
The 133 that have already become final and unappealable were in favor of the cigarette manufacturer. Gaucho case João Pedro Alves filed a lawsuit in February 2004 asking for compensation of R$323,000 for moral and material damages. He claimed that his laryngeal cancer was acquired through smoking. The former smoker also stated that the advertisements published by the Belize Email List company induced addiction. The plaintiff died during the action and his heirs were qualified to continue the process. The 6th Civil Court of Porto Alegre denied the compensation request. He based his decision on the lack of proof of the brands consumed by the author, and, above all, on the lack of a medical report proving that the disease was acquired through the habit of smoking.
It is a multi-factorial disease, and in the documents gathered by authorial succession it is impossible to know specifically the cause of the disease that affected João Pedro Alves”, he considered. For the judge, “there is no way to establish an adequate direct relationship between smoking and the cancer that killed João Pedro Alves, a rarer species, whose cause is scientifically unknown”Creditors understand that this value could exceed R$100 billion or more, due to failures in the survey and the volume of cases in trial or costly procrastination. States such as Minas Gerais, Rio de Janeiro, São Paulo and Rio Grande do Sul alone owe billions and billions of reais, the same happening with large city halls such as São Paulo, São Bernardo, Campinas, etc.