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Honored Contributor
Posts: 30,038
Registered: ‎08-23-2010

FRIVOLOUS WRONGFUL DEATH SUIT?

I saw on the news this morning that the family of former baseball player Tony Gwynn are moving forward with a wrongful death suit against "big tobacco".

 

Since when don't people KNOW that tobacco use causes cancer?   It's an addictive habit, but there are warnings everywhere, including on every package of tobacco products.   I'm also willing to bet that Tony's doctor brought this up more than once.   

 

Do you think this a frivolous law suit?

Respected Contributor
Posts: 4,263
Registered: ‎05-09-2010

Re: FRIVOLOUS WRONGFUL DEATH SUIT?

I don't know if it is frivolous, but it seems like they are just trying to cash in and get some money.  People need to be responsible for their own actions and consequences.  There is no doubt that he knew it was bad for him.

Always remember that you are absolutely unique. Just like everyone else. Margaret Mead
Honored Contributor
Posts: 59,380
Registered: ‎03-10-2010

Re: FRIVOLOUS WRONGFUL DEATH SUIT?

Yes, it seems frivolous, based on no more than I know about the situation.


In my pantry with my cupcakes...
Esteemed Contributor
Posts: 7,590
Registered: ‎03-17-2010

Re: FRIVOLOUS WRONGFUL DEATH SUIT?

I don't know if it's frivolous or not.... Tony Gwinn started chewing tobacco in his teens, not sure if the surgeon's warning was on chewing tobacco back at that time but chewing tobacco is utterly addictive.

 

I followed Tony Gwinn, he was one of the really good guys who played baseball and was respected and admired in San Diego, and one heck of a great player.... it broke my heart that this happened to him....

 

Both my parents died of tobacco related illnesses so I'm not a fan whatsoever.......  

*~"Never eat more than you can lift......" Miss Piggy~*
Esteemed Contributor
Posts: 7,590
Registered: ‎03-17-2010

Re: FRIVOLOUS WRONGFUL DEATH SUIT?

Sorry .... Tony Gwynn.... 

*~"Never eat more than you can lift......" Miss Piggy~*
Honored Contributor
Posts: 9,318
Registered: ‎03-09-2010

Re: FRIVOLOUS WRONGFUL DEATH SUIT?

I think it is frivolous. Now way back in the day, there was no research on what harm tobacco could do; 1960's maybe when it started to be studied. But that was over 50 years ago and now EVERYBODY knows what harm smoking/chewing  can and is doing and there has been ways to quit for many, many years. I believe it is up to the person to decide what to do and if they continue that behaviour and die from it, fully knowing the risks, than how can you sue? Maybe that is way too simplistic and I know there has been some successful lawsuits against tobacco but I'm not sure the family has a chance. Terrible thing to die of at such a young age. I'm very sorry for the loss.

Respected Contributor
Posts: 3,921
Registered: ‎06-12-2013

Re: FRIVOLOUS WRONGFUL DEATH SUIT?


@Q4U wrote:

I don't know if it's frivolous or not.... Tony Gwinn started chewing tobacco in his teens, not sure if the surgeon's warning was on chewing tobacco back at that time but chewing tobacco is utterly addictive.

 

I followed Tony Gwinn, he was one of the really good guys who played baseball and was respected and admired in San Diego, and one heck of a great player.... it broke my heart that this happened to him....

 

Both my parents died of tobacco related illnesses so I'm not a fan whatsoever.......  


He really was! We had the pleasure of seeing him inducted in the Hall of Fame. 

They all did it and sadly it killed him. He didn't use steroids and cheat like a lot of the players and yet this happened to him.

 

 

Honored Contributor
Posts: 13,130
Registered: ‎03-10-2010

Re: FRIVOLOUS WRONGFUL DEATH SUIT?

 

 

In general, not this specific case, I think all of age adults should be responsible for their choices in life. Don't care if it is labeled "addiction" or a certain "disease". Why should any vendor be liable of another adult's bad choices in life, tobacco products being 1 of the. Warnings on cigarette packs started, I believe, in 1963, and have been basic knowledge to most ever since.

 

My bad choices I blame on nobody but myself, and that includes my smoking/recovering alcoholic and a serious addiction to gambling on football games. All could have caused disasters in my life had not chosen to address them.

 

 

hnj

Esteemed Contributor
Posts: 5,616
Registered: ‎10-01-2014

Re: FRIVOLOUS WRONGFUL DEATH SUIT?

Tony Gwynn was born in 1960 and was 54 when he died of salivary gland cancer in 2014. By the time his habit started, he was certainly aware of the dangers. It is like any addiction, very hard to conquer, but you have to ask yourself if you love your life more than the satisfactions associated with the addiction. I am sorry for his family, but do not think a lawsuit is in order.

No act of kindness, no matter how small, is ever wasted. - Aesop
Honored Contributor
Posts: 18,657
Registered: ‎03-09-2010

Re: FRIVOLOUS WRONGFUL DEATH SUIT?

I agree with everybody else that it is frivolous.  We have known for decades now that smoking or tobacco use can cause these afflictions and/or death.

 

I would imagine that he made the willful choice to use tobacco products. If somebody forced him to use them, then THAT is who could be sued. Smiley Wink  

 

But there should rightfully be no suit here.

 

BTW, I'm not saying that anybody DESERVES to die.   But if your behaviors cause your death, then you really cannot lay the blame on somebody else.