Absurd law

Too many people fail to take responsibility for their actions. Common practice is to force the blame on someone else through lawsuits. Two recent incidents demonstrate the gross trend in America. \nA Los Angeles jury awarded Richard Boeken $3 billion in punitive damages in his lawsuit against Philip Morris. Boeken, 56, says he started smoking at age 13 in 1957 and is now dying of lung cancer. He says he knew nothing of the health risks of smoking until the congressional hearings of 1994.\nIn the early 1950s, many studies concluded that smoking posed cancer risks, and in 1959 the surgeon general warned that smokers had an increased risk of lung cancer. What's more, starting in 1966, every packet of cigarettes contained a warning label. Starting in 1972, so did every media advertisement for cigarettes. \nThe only logical conclusion would be that Boeken is both blind and deaf as to ignore the past 35 years of warnings. He has neither disability. \nMoreover, if Boeken didn't know of the health risks until 1994, why did he try to quit smoking several times? After all, if it's not harmful, why stop? Boeken also has a disgraceful legal record with two felony convictions and a guilty plea to a federal fraud charge.\nYou may be wondering how a jury decided in his favor. Victimization sells, and Boeken's lawyer portrayed him as a victim of Philip Morris' deceit. It seems the jury was wooed more by the drama than the evidence.\nIn Salt Lake City, the parents of Ryan Tait Eslinger sued Kmart for selling him the shotgun he used to kill himself five years ago. Eslinger, who was 19 when he committed suicide, tried to kill himself several times before he entered Kmart. The parents claim Eslinger didn't produce identification with his address and that he was mentally ill at the time. \nTherefore, his parents say, Kmart shouldn't have sold him the gun. They also claim that a 17-year-old sold the gun to Eslinger -- a violation of federal law if true.\nKmart claims Eslinger was determined to kill himself and would have eventually succeeded even without the gun he bought from Kmart. The court documents say the law doesn't stipulate what identification must be used. Kmart says Eslinger broke the law when he said he hadn't been in a mental institution. In an outrageous verdict, a jury awarded $3 million to the Eslinger's parents.\nThe Boeken and Eslinger cases are quite similar. To the detriment of his health, Boeken chose to pick up a cigarette and smoke for more than 40 years despite the plethora of cancer warnings. Determined to kill himself at all costs, Eslinger is the only person responsible for his death.\nFortunately, the tobacco trial is not final. The case will go to the appellate courts later in the year and will be treated de novo -- without any respect to the lower court's decision. If Philip Morris wins the trial, the real victory will be for personal responsibility in America.