A court ruled against Patricia Lowe in a Multnomah County case.
Oregon Appeals Court turns down smoker’s lawsuit
September 6, 2006
SALEM — A longtime smoker cannot get tobacco companies to pay for her cancer screening and anti-tobacco treatments because she hasn’t yet suffered any physical harm from her habit, the Oregon Court of Appeals ruled Wednesday.
A court ruled against Patricia Lowe in a Multnomah County case.
She had filed suit against four major tobacco companies, asking that they be required to pay for annual scans for early detection of lung cancer, smoking cessation classes and drugs, and public education programs.
The appeals court, upholding a trial court, said Oregon law doesn’t allow lawsuits alleging negligence unless the plaintiff has suffered harm.
Lowe has not, the court said.
“The complaint fails to include an allegation of actual, present harm of any sort, much less the physical harm, that ordinarily is required to state a claim for negligence,” the three-judge panel said.
