Defendants down to one in Gwynn lawsuit
Family: U.S. Smokeless Tobacco Co. to blame
The family of baseball legend Tony Gwynn has dismissed several defendants from the wrongful death lawsuit the family filed against them last year and is now casting blame for Gwynn’s demise on a single foe — the U.S. Smokeless Tobacco Company.
The family initially sued several individuals and companies for Gwynn’s death, including three men who allegedly provided Gwynn with free samples of the company’s products as a college student, along with the operators of two convenience stores where Gwynn purchased more cans of the same.
All are now off the case except for the company — a move that could simplify a legal battle that’s already seen considerable maneuvering behind the scenes before there’s even been a hearing in the case. Last week, the case got its fifth judge in less than a year after an unsuccessful attempt by the company in 2016 to put the case in federal court instead of state court in San Diego.
“They agreed to stay in state court, and we agreed to narrow it down to U.S. Tobacco,” said David Casey, the Gwynn family’s attorney. “At the end of the day, U.S. Tobacco is responsible for all of the conduct of those individuals.”
Gwynn, a Hall of Famer for the San Diego Padres, died in 2014 at 54 after battling cancer of the salivary gland. The suit was filed in May 2016 by Gwynn’s widow, son and daughter, who are seeking an unspecified amount in damages after accusing the company of concealing the health risks of a product that they say caused his cancer and death.
In its defense, the company responded last month by denying the accusations and saying Gwynn was warned about the risks but consumed the products anyway.
The company also recently asked for and received a new judge in the case.
The last judge, Joel Pressman, never made a ruling in the case. But the company perceived him as prejudiced against its interests, according to court filings, and is allowed by law to have a judge removed once before trial without showing cause.
The company didn’t elaborate on the reason for the request, which often can arise from a study of a judge’s background. In Pressman’s case, he formerly worked as an attorney on behalf of consumers and was appointed to San Diego Superior Court in 2001 by California Gov. Gray Davis, a former legal foe of the tobacco industry.
Davis sued the tobacco industry and won a $25 billion settlement for his state in 1998. Representing Davis in that case was Casey, who is now representing the Gwynn family.
“I’ve engaged with (the tobacco industry) before, and I know they’re very tough adversaries,” Casey said. “But in this particular case, we know they targeted (Gwynn) as a young person without warnings. I think we’re in a very strong position.”
The lawsuit says Gwynn became addicted to smokeless tobacco and used it for more than 30 years, starting in 1977, about 10 years before warnings appeared on the products.
After the case was filed last May, the first judge assigned to the case, Gregory Pollack, recused himself because he said he had donated $2,500 to build a statue of Gwynn, which was unveiled last week in Poway, Calif.
A new judge was assigned, but then the Gwynn family asked for and received a different judge without elaborating on its reason for it.
In August, the company removed the case to federal court, where a judge granted the Gwynn family’s request to move it back to state court in San Diego.
Now with another new judge and a lone defendant, the case finally appears ready for takeoff, though no trial date has been set.
“We’re just getting going,” Casey said.