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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (Feb. 25, 1985)
u> Who is really responsible for smokers' SAN FRAN CISCO — Paul Monzione, armed with charm and the “thick skull doctrine,” is about to take on the to bacco industry in a case with huge stakes and in- triguing wrinkles. Monzione, 28, is a lawyer who works George Will with Melvin Belli, who fancies himself “the King of Torts.” Belli certainly is a pioneer in product- liability law, and for years has been try ing to get cigarette companies found lia ble for willful misconduct in manufac turing an inherently unsafe product. Belli solicited the case on which Mon zione is working. Soliciting cases is ille gal unless done probono publico, so Bel- li’s firm, if successful, will give its one- third of the settlement to cancer reas- earch. Belli got the case after asking, in a speech to people who work in hospices for the terminally ill, if anyone knew of a person suffering from squamous cell carcinoma at the juncture of the bron chus, a cancer especially associated with smoking. Belli was told about John Galbraith. Galbraith was a smoker. And how. Before he died several years ago of con gestive heart failure brought on by se vere emphysema and cancer, he was on bottled oxygen 24 hours a day — and he would still remove the oxygen mask and sneak a cigarette. Belli and Monzione will ask a jury to find several cigarette companies liable for Galbraith’s death because the companies “expressly and impliedly warranted” that cigarettes are fit for human consumption. The companies must argue, brazenly but carefully, that the “controversy” about smoking is universally known, yet absolutely nothing is known that con nects smoking with cancer. Monzione must argue, artfully, that the connection between smoking and certain kinds of cancer is common knowledge, but that Galbraith, being addicted, had lost his capacity to act rationally in response to the knowledge. The companies will dispute the medi cal evidence and conceivably could es tablish that Galbraith did not actually have squamous cell carcinoma. If Galbr aith did have that cancer, the companies will argue that Galbraith lived in the Los Angeles basin and breathing the air there, not smoking two-to-three packs a day, caused his cancer. (One cigarette company is currently running advertisements acknowledging that smoking is “controversial.” Such advertisments cleverly suggest both that agnosticism is rational and that custom ers have been amply warned to be wary.) The companies’ more interesting ar gument will be that Galbraith, who had a master’s degree, was well-read (a rash assumption about holders of master’s degree), so he knew the “controversy” about cigarettes and freely assumed the risk — if there is a risk. Besides, the companies will ask, what about the fact that millions of smokers do quit? Mon zione will argue that Galbraith was inca pable of quitting and hence the compa nies are liable under the “thin skull doctrine.” Devoted Trekies dare to do what no others would consider doing Television, the final fron tier. Our twenty hour mission to explore strange new junk foods. To seek out and go where no people would consider going. It began as a mindless plan moved to a feverish pitch. Friday at 8 p.m. would begin the adventure. We were prepared to learn many things, the bad as well as the good, as we struggled through this mindless or deal. Much of it wouldn’t be pretty. We knew this, but a foolhardy bravery, and an irrational thirst for beer, drove some weird new furniture attachment, he drank, watched, slept and drank some more. He was made of the right stuff. The flickering blue images coming across the rented tube were eerie, and somewhat blurry after the seventh show. Ed Cassavoy us on. hatched in the dirty cranies of one man’s (using the term loosely) twisted mind. As the details grew, the magnitude of the project demanded more man power. A second, then a third and fourth daring pioneer was cautiously approached. Each time, a weary, grim nod was the only sign of assent. Project Spock was born. The conspirators kept to them selves. They huddled together, shoul ders nearly touching as they plotted and schemed. Only the scratching of a pencil echoed through the shadowy darkness of the Chicken Oil Corn- Some call it fate, we called it bore dom. Everyone else called it dumb. We met in David’s den to do this dirty deed. Our plans were devel oping flawlessly. We started at 9 p.m. There are al ways unexpected developments, even with the best laid plans. Our hearts, minds, souls and stom achs would be calmed and nourished by ingesting huge quanities of Shiner Bock, pretzels, chips, burgers, frozen pizzas (my idea), jalapenos chips and drunken and mindless conversation. Games developed to pass the time. I tried to memorize the opening dia logue. I just about mastered it. We tried to spot the Enterprise first in the sky or figure out the number of times Dr. McCoy said, “I’m not a (add your own choice), I’m a doctor.” I tried to ply Dean with beer and failed. He foiled my plan by falling asleep. Simple and effective. Interlopers interrupted our little world for brief instances in star date time. Star Trek heaven. Peter and Virginia came only to drink our beer, and eat my pizzas. They were the type of gutless scum we wanted to shun. pany. They knew the nonbelievers would laugh. They did. But the fearsome foursome was undaunted. The four had a mission. They weren’t exactly sure of all the specifics, but only sim ple minds are fettered by petty details. The medium, the view finder, the source of our energy was procured. Now we could not look back, to the tune of $21 for the rented television. The pieces were falling in place and that video dream called Project Spock began to have a life of its own. We were just insignifigant puppets along for the ride. As H-Hour approached, planning We manned our station, jockeying for the best perch to watch the drama unfold, video and human. Pillows were in big demand. David was the silent one. The enigma. The anchor of our universe. He manned the hibachi, he kept our cups filled and the two resident cats happy. John was the wisecracking urchin of the “Gang of Four.” When spirits flagged or a pregnant silence oc curred he was in there in a minute cracking unfunny jokes and telling in coherent stories. In other words he was indispensable. Dean was the guru of this strange night. Buried under a mass of pillows like But the magic ended for me by 6 Saturday morning. I had mastered the Vulcan hand salute, the color of all the Star Trek uniforms and knew all the different women Captain Kirk messed around with. Funny, but I didn’t feel like I’d ac complished anything. After discussing it with friends I have concluded that I wasted a lot of hours. Then again, I don’t think I quite learned my lesson. I got talked into going over and watching the second Star Trek movie, and finishing off the leftover beer. Live long and prosper, and pass me a cushion. Ed Cassavoy is a senior journalism major and the city editor for The Bat talion. Is it in taxpayers’ interests to have squeaky clean attorney general? By ART BUCHWALD Columnist for The Los Angeles Times Syndicate “Hear ye, hear ye. In the case of the American taxpayers vs. Ed Meese’s law yers, the court is now in session.” “Proceed.” “Your honor, as counsel for the American taxpayers I hold in my hand a bill for legal services for $721,000. We believe this is too high a price to pay to make sure the Attorney General of the United States is not a crook.” “Objection.” “Sustained. Counsel will stick to the facts.” “The facts, your honor, are that Mr. Meeses’s attorneys charged my clients $250 an hour to defend him against charges of conflict of interest in helping get government jobs for individuals who loaned him money. We feel these fees are totally out of line with President Reagan’s vow to cut spending in the government.” “Objection, your honor. President Reagan’s political promises have noth ing to do with my client’s legal fees.” “Sustained. Counsel will refrain from mentioning Mr. Reagan unless it has something to do with the case.” “There isn’t a lawyer in America worth $250 an hour, your honor .. .” “Objection, your honor. Counsel has no right to decide what lawyers are worth.” “Let’s see where he’s going with his argument.” “The Justice Department policy —a policy I hope Mr. Meese will continue — has a ceiling of $75 an hour on what a private lawyer can charge in a govern ment case. Why doesn’t it apply in this case?” “Your honor, the Ethics in Govern ment Act, under which Mr. Meese was investigated, places no restrictions on hourly rates. If a self-respecting lawyer in Washington charged less than $250 an hour he would become the laug hingstock of the captial.” “It is so noted. Counsel for the tax payers will continue.” “Thank you, sir. American taxpayers resent the fact that Mr. Meese’s attor neys are socking it to them. I wonder if learned counsel would submit a $721,000 bill if they knew Mr. Meese was paying it out of his own pocket.” “Objection. That is a theoretical ques tion.” “Sustained.’ That doctrine says that dentally strike a person on striking a blow too light to injure most persons but a blow that injures the struck person because he has an unusu ally thin skull, you are liable. You are liable because the law says you must take the plaintiff as you find him. It is not his fault his skull is thin. addictions?* k f you acci- the head, ippos- 11 pre- Galbraith’s “thin skull” was, edly, his personality. Monzione will sent a psychological portrait of Galbr aith as an addictive personality who, as a convert to Mormonisin, was driven to ir rationality by guilt about his inability to quit smoking. Product-liablity law has come a long way from caveat emptor — let the buyer beware. That doctrine severely limited manufacturers’ liabilities in the days when courts thought expanded liability would jeopardize American industri alism. ual’s responsibility for his bam deed, when Belli lost a cigarette;. Louisiana, the judge suggested; Belli had won he would b / j wanted Elsie the Cow held liaf^^ heart disease caused by cholesteio But in the current case, s : 8y Ml Monzione are emphasizing adii understood as a chemical dtp; Highw suffered by persons who kno. tdentv juring them. Monzione wantsirjtoveli on the jury because they, asar^° ,. a countless New Year’s resolution smoking, understand addiction j es . p, This case What is bothersome about some of to day’s product-liability cases is less that they broaden manufacturers’ liablity than that they seem to deny the individ- is coming to trialT lct queasy Congress is gingerly ;Bl | at grips with the new budget,! Greyh. poses an end to tobacco p iuston, Those programs subsidize] ily- of a substance that goesintotl ^ I1 ( - >l that has Monzione seeking 11 live sums to deter companies[^ e sa .' ing “a growing epidemic ofdttf).03 ai loaihesome illness.” But, then,fe Arrow is addicted to such programs t offer AgBus George Will is a columnist mly st, Washington Post. istin, V n Anto “Your honor, just because Mr. Meese was cleared of criminal charges against him doesn’t necessarily make him qual ified to be Attorney General. What about his bad judgement?” “Objection. Mr. Meese’s bad judge ment has nothing to do with our legal bill.” “Your honor, I say it does. If Mr. Meese didn’t show such extraordinarily bad judgement in the first place, the taxpayer would not be stuck for $721,000.” Spring fever means spring wardrobe fevi The s< ys and y. The as cosi as cost he w rnati' ted i “Your honor, counsel for Mr. Meese has charged my clients $250 an hour for conversations with the press over a pe riod of five and one-half months. Why should the taxpayer pay for attorneys meetings with reporters?” “I can answer that, your honor. Mr. Meese was being tried in the press as well as investigated by the special pros ecutor. It was necessary to insure accu rate reporting of allegations against him, or else Meese would take over the Justice Department under a dark cloud. It’s in the taxpayers’ interest to have a U.S. Attorney General who is squeaky clean.” Once more it’s the season when those of the femi nine persuasion are stricken with an urge they both loathe and love: the desire for a new spring ward robe. Dainah Bullard Sure, the urge strikes at the begin ning of every season. But it’s always strongest in spring when sun dresses, shorts and bathing suits in bright and pastel colors hit the clothing store racks. A woman on the prowl for a new wardrobe is a different species than the kind, cordial, courteous woman who usually inhabits the classrooms, boar drooms, offices and homes of America. Shopping is deadly serious business. outfit walking down thestrtt!!; 0 catastrophy. It arouses the L stinct. b, Which brings us backtontjc y After being elusive for moreU eresa year, MY pinafore is sudder erinar up in all the area departments wued ing the prolific creaturesthor,. °' r ’ are too many pinafores for tnt^j^ sider buying them all. I just to n yy et my chances and pray that lined into my “twin" on campussorot rth i So please, if you see a lii! n k ow j porter trotting acrosscampuin and pink-with-white-pinstripes pinto per i a matching blouse, don’t stop hi 1 ’ 011 you have an outfit just like it. ^ 1 ^ ( ‘ Dainah Bullard is a senior f x l° r 1 major and a staff writer for Ii ,ner ~ u /r The shopper faces numerous prob lems during her quest. Finding clothes that are the right color, size and price and that don’t look like the clothes ev erybody else is wearing is no easy task. And if you know what you want, but can’t find it, your sanity is in danger. In the year since they made their most recent debut, my quest has been for the perfect pinafore. I pondered the perfect pinafore problem through four seasons of clothes, never finding quite what I was looking for. Then suddenly, my quest was re solved. Like a gift from above, a pink pi nafore with white pinstripes and a matching blouse appeared in an area department store. With the stroke of a pen on a check, my mission was com plete. Except for shoes. What some people — mainly men — don’t understand is that shoes, like belts and purses, are a vital part of every woman’s wardrobe. Men make due with a couple of pairs of boots (one pair for rough stuff like dancing, the other for more formal occasions), three pairs of shoes (one brown pair, one black pair, one gray or navy pair), and a pair of sneakers. The beach-bum type might even boast a pair of flip-flops. Shoes are different for women. Women’s shoes feature the same basic colors as men’s shoes (white, black, brown, tan, etc.), plus the pastels or brights to match the new spring clothes and the shiny silver stilts to complete the spring formal. And stilts bring up a new problem: heel height. The general rule to follow is if it looks good with the outfit, wear it. It doesn’t matter if the shoes rub holes in your heels or make your toes curl up. The real purpose of shoes isn’t to protect your feet —- it’s to complete your ward robe. That’s why women have three pairs of shoes in the same color but dif ferent heel heights and styles. And that — are you listening, guys? —is why you’re girlfriend has 27 pairs of shoes in the bottom of her closet. The good thing about shoes is that it doesn’t matter if someone you know has a pair just like yours. With clothes, it’s a different matter. If a man wearing a light blue Izod encounters another man wearing a light blue Izod, it’s no big deal. For a woman, meeting an identical The Battalion (ISPS 045 360 Member of Texas Press Associaiioti Sou I h west Journalism Conte The Battalion Editorial Bon: Brigid Brockman, Edkoi Shelley Hoekstra, Managing^ Ed Cassavoy, City Edita n i Kellie Dworaczyk, NensEa '*" L Michelle Powe, Editorial Pagtfe Travis Tingle, Sports Ed® The Battalion Staff Assistant City Editors Kari Fluegel, RtaT Assistant News Editors ; Cami Brown, John Hallttl,to 1 Assistant Sports Editor ~-||j CharcA Entertainment Editors Shawn Behlen,Leigl Staff Writers Catrtf Brandon Berry,DaWjjJ Ann Cervenka, Midiadfr m Kirsten Diett.ff JLJ Patrice Koranek,Trail 1 / Sarah Oates,jif; Tricia Parker, Lynti' Copy Editors Jan Perry,KdC Make-up Editors Kitf m Columnists Kevin Inda.l# Editorial Cartoonist ■%, Sports Cartoonist rwk Copy Writer Cal lf Photo Editor Kail*'. 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