Alaska Jury Deadlocked in Family’s Lawsuit Against Tobacco Company

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After more than three weeks, a Bethel Superior Court jury could not decide whether a tobacco company misled an Alaska man about the harmful effects of smoking.

Jury foreman Robert Sundown said jurors deadlocked over whether Philip Morris USA was at fault for the death of Benjamin Frances, who died of lung cancer at age 52 in 2004 after a long history of smoking Marlboro Lights.

Francis’ common-law wife, Dolores Hunter, and children sued Philip Morris USA and its parent company Altria Group for product liability, fraud and the wrongful death of Francis.

Sundown said some jurors wanted more testimony on why Francis chose to smoke Marlboro Lights before they made a decision.

Philip Morris USA attorneys did not respond for requests for comment.

It wasn’t clear as of press time whether the Francis estate planned to file for a retrial based on the family’s decision. This was the second time Hunter’s case has gone to trial.