Table 3

Putting the smoker on trial (while keeping the industry invisible)

Defence attorneys will often say:
	Defence	Plaintiff	FS	MWR	Example, from defence closing
he (or she)…	63 386	41 104	0.40	0.16	“when she heard her own husband say it is going to kill you, she did not try to quit.”61
…did not	3563	1570	0.31	0.17	“She made the choice not to quit. She did not want to quit.”62
…never	1679	236	0.13	0.09	“He never asked for help, he never threw away his cigarettes, he never said, I'm going to stop smoking.”47
…knew	1255	497	0.29	0.29	“She knew from the beginning, and her husband confirms, she knew the risks.”56
…wanted	972	199	0.18	0.16	“He knew smoking was dangerous and addictive long before May 5th, 1982, and he did what he wanted to do.”42
…admitted	333	71	0.18	0.30	“She admitted that she already knew the danger before she switched to Kent.”63
Mr/Ms/Mrs	32 912	15 514	0.33	0.10	“Mr. Gelep knew that smoking was risky.”64
warning/s	2864	813	0.23	0.14	“He received many warnings over the years. And he smoked in the face of those warnings. And he had every right to make that choice.”65
decision/s	2857	761	0.22	0.12	“These episodes are proof that his smoking decisions were based on what he wanted to do and not based on addiction.”66
risk/s	2580	791	0.24	0.14	“As adults, it is our right to choose to balance the risk and benefits of the things we enjoy.”50