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Casino Dealers Lose Ruling on Tobacco Smoke31 January 2001CARSON CITY, Nevada – Jan. 31, 2001 – As reported by the Associated Press: “ The Nevada Supreme Court on Tuesday rejected casino dealers' demands for a medical monitoring program to be paid by tobacco companies to detect the onset of tobacco-related illnesses as a result of their exposure to secondhand tobacco smoke at work. ”The casino dealers, including nonsmokers and former smokers, filed four class action lawsuits in U.S. District Court against tobacco companies asserting various claims including liability, negligence, fraud and misrepresentation. ”…But the tobacco companies argued against granting medical monitoring claims, saying that would unleash a flood of litigation because people in modern society live in a `sea of toxins.’ ”…While the Supreme Court acknowledged scientific reports that link tobacco use with the higher incidence of lung cancer and heart disease, it said it was `unpersuaded on the facts of the case to recognize a (legal) cause of action for medical monitoring for exposure to hazardous substances’ in part because the defendants' contribution to the problem isn't `clear-cut.’…” |