Three tobacco companies have succeeded in their High Court attempt to stop a smoker suing them for alleged tobacco-related injuries. The man began smoking cigarettes when he was a schoolboy and smoked 80 cigarettes daily for several years before quitting in 2004.
Mr Justice Paul Gilligan yesterday granted the companies' preliminary application to halt the action by John Thomas McCormack (59) on grounds of inordinate and inexcusable delay in prosecuting his case.
Mr McCormack, Cloonaghmore, Abbeylara, Co Longford, began smoking aged 12. He claimed he smoked 10 cigarettes a day for five years and then increased that number to 13 and, later, 30 cigarettes daily.
From about 1988 to 1993, Mr McCormack claimed he smoked 50 to 60 cigarettes a day. He claimed he smoked up to 80 cigarettes daily up to 2000, when he reduced to 60 cigarettes a day. He gave up smoking in 2004.
PJ Carroll and Co Ltd, Player and Wills (Ireland) Ltd and Gallaher (Dublin ) Ltd had sought an order dismissing his claim against them on grounds of inordinate and inexcusable delay on his part in bringing proceedings.
Mr Justice Gilligan ruled that there would be a real and serious risk of an unfair trial, given the delay involved and the absence of witnesses. There was a clear and patent unfairness in asking the defendants to defend now and they could not receive a fair hearing within a reasonable time of the wrongful acts complained of.
There was no alternative but to dismiss Mr McCormack's claim for want of prosecution by reason of lapse of time, he said.
Outlining the background, Mr Justice Gilligan said that, in the summer of 1996, Mr McCormack began to experience pain and cramping in his legs and went to see his doctor. He was referred to a heart surgeon and was diagnosed as suffering from arterial disease with atherosclerosis.
Despite his efforts he was unable to stop smoking. In February 1999 he was advised to stop smoking but was unable to. At that time he gave instructions to a solicitor on his claim and proceedings were initiated in 2000.
However he said was unable to focus on the possible legal claim as opposed to the disease he had contracted. A statement of claim in the case was delivered in 2003.
Mr McCormack claimed damages for the alleged effects of tobacco since he started smoking in 1960/61 and brought a secondary claim relating to alleged ongoing damage to his health caused by alleged addiction to nicotine.
He also wanted a declaration from the court that the manufacture, distribution and supply of cigarettes is injurious to the public health generally and to his health specifically.
The judge said Mr McCormack's legal advisers had adopted a "wait-and-see attitude" as to whether State authorities would consider instituting litigation against tobacco companies.
It was only when it became apparent it was not going to happen that his solicitors proceeded to investigate the State's potential liability in this case.
The State was ultimately joined as a defendant by court order.