Qld Man to Sue Tobacco Giants

Source from:  brisbanetimes.com.au July 26, 2007 07/26/2007

A 63-year-old Queensland man who contracted the lung disease emphysema after smoking three packs of cigarettes a day for more than 30 years has renewed his bid to sue three tobacco giants for more than $10 million. Father-of-five Bryan Mervyn Hartas, of Woodridge, south of Brisbane, was yesterday granted in the Brisbane Supreme Court an extension of time in which to sue tobacco companies Phillip Morris (Australia) Limited, W.D & H.O Wills Holding Limited and Rothmans Holding Limited. Mr Hartas lodged the original documents which stated his intention to sue in July 2001, but had to delay the case because of poor health. He is now confident he will be able to serve the three companies with writs within the next 12 months. Mr Hartas started smoking in 1957, and said he quickly became addicted to a variety of brands manufactured by the three respondents. In 1976 he made the decision to give up, but tried many different methods for 12 years before he was able to finally kick the habit. Towards the end of that period Mr Hartas began feeling physically unwell and struggled to breathe during exercise. A visit to a specialist in 2000 revealed he had Emphysemateous Bullae in both lungs, with the doctor stating "there was nothing that could be done surgically or medically to cure or relieve the conditions". Since then, Mr Hartas said he suffers regular pain and discomfort, and is unable to enjoy normal activities such as kicking a ball with his 10-year-old son. "If I knew then what I know now I would never have started smoking," he said outside court. "I looked at the damage that it had done to my life, I looked at what was taken away from me. "(Smoking) has taken away my life." Documents filed by Mr Hartas show he is seeking a total of $10 million in damages from the three tobacco companies, claiming they acted negligently by failing to warn him of the dangers associated with their products. "It is my definite intention to take the three listed defendants to court to sue them for monetary compensation for the damage done to my health by their products," states an affidavit signed by Mr Hartas. Mr Hartas also claims the companies falsely promoted use of their products as "desirable, sophisticated, manly, and pleasurable". Mr Hartas said they then "deliberately withheld information known to them concerning the medical dangers of their products" in a bid to avoid "financial loss". Justice Margaret White today granted the extension of time, saying Mr Hartas had provided satisfactory reasons as to why the case had been delayed. Enditem