European Stars And Stripes (Newspaper) - January 18, 1988, Darmstadt, Hesse                                Page 4 the stars and stripes monday january 18.19bb tobacco Industry cover up claimed vital data offered in Cigar Effe lawsuit Newark. . A documents allegedly de tailing How the tobacco Indus Irv covered up the Dan Gers of cigarettes for years could be revealed in a Law suit filed by a Veteran smoker who later died of lung cancer attorneys say. The Case of Rose and Antonio cipo Tae own Shoethe i inner Workings of the tobacco Industry in a Prece Donled Clail according to one Follower of such Tobac co liability suits. Information obtained by the plaintiffs details How cigarette companies stifled research into a safer Tina Arclie covered up what they knew about the dingers of smoking and influenced Public opinion said Richard Daynard a Low professor at northeastern University in Boston and co founder of the tobacco products liability project an anti tobacco Legal Clearinghouse. Whether Cipollono wins or lows the cat is out of the  he said. A member of the defense team acknowledged that the Case is unique because of the internal documents involved but said testimony will put them in conical. Jury selection began thursday nearly five years after the cipo Cloncs sued the manufacturers of the cig Arette brands mrs. Cipollono smoked for 40 years. Opening arguments Are scheduled for Jan. 27. Mrs. Cipollone died in 1984. But her husband car ried on the suit which charges Llinat Philip moms inc., Liggett group inc. And Lorillard inc. Were negligent Ani liable for her lung cancer. Critical pretrial rulings appear to have limited Cipollone s chances. But his attorney. Marc z. Edell says he sees n Chance for the tint Victory in a liability Sun a  makers. The ease comes to trial before . District judge h. Lee Strokin White a similar one continues at trial in Lexington. I. No one suing a tobacco company for a Cash complications from smoking has Ever been granted damages. Fewer than 10 such eases have gone before a jury since world War ii. Host faded away because the plaintiffs lacked the resources to fight the Well financed tobacco companies or because a judge dismissed them Bui More than 100 cases Are pending and regardless of which Side wins Hie Cipollone suit it is important for two reasons the decisions on pretrial issues and the sensitive company documents Cip Eclid to come to Light. Edcell has gathered More than 100,000 corporate documents from Public relations advertising research and Legal offices both inside and outside tie Compa Nies. A hint of what May come out surfaced in mid de Cember when Edell disclosed during a hearing that a Tabacco company researcher said has employer was working on plans for a safer cigarette but decided notto Market the product and referred the Mailer to Law. Yrs Chuek Wall a member of the defense team serving As spokesman said he does t think the documents make it a More or less serious  he said the documents will be accompanied by testimony thai puts them in context. Much of the internal corporate evidence will focus on one of Edell j remaining key arguments hat the companies Are liable for mrs cipo Llonart disease be cause they knew of or should have known safer ways to make cigarettes. That theory is known As the alter native design theory. He was prevented from using another argument under liability Law that the risk of a product out weighs its usefulness when Sirokm ruled a new Jersey Law does not allow the so called  Edell is challenging that ruling. The tobacco companies argue that mrs. Cipollone i decision was a matter of free Choice that she knew of the alleged health hazards of smoking and that her cancer was unrelated to Cigar pics. In two major ways the Case has affected the other pending cigarette liability Law Luis. In a ruling sparked by this Case allowed to Sund by the . Supreme court warnings on cigarette pack Ages and advertising in 1966 were determined to pre empt any claim by smokers thai cigarette Cornea to were liable for illnesses because the smoker did not know of the dangers. But the ruling did not apply to pre-l9f,i, liability which remains part of dells Case because my. Cipol Lonc started smoking in 1944. In another ruling the nation s highest court let stand 3 decision allowing Cipollone s lawyers and lawyers in other cigarette casts to share information Gale Etc for a lawsuit and make Public data not deemed confidential. This is the first Case where people Are going to have everything what s been going on Tor in past 40 years  most cases including Cipollone a the cog win companies had almost invariably sought protect or Ders preventing opponent from releasing information. Those who filed lawsuits argued cigarette companies move for protective orders was meant to stymie their efforts. The companies said it was wrong to How unlimited Access to sensitive company data. Many felons avoid prison Survey finds Washington a nearly two thirds of the people arrested on felony charges in ii Stales did nol go to jail according to a Justice department sur Jcj released sunday the Survey by the Bureau of Justice statistics of 532.000 felony arrests shows h4 percent led 10 prosecution and 62 per a Cal brought convictions while 36 per a vol mulled in jail or prison Lents. The Survey covered felony cases resolved Dur ing 19s4. Convicted offenders who were nol jailed received sentences such As Proba Tion fines or mandatory Community sen ice the Bureau reported. Slates Sun eyed accounted for about 37 Parteni of All reported crimes in the uni cd slates solid Sleven r. Sch sing or Bureau director thine Stales which represent about 38 percent of the a tinn s to till population were Alaska California. Delaware Georgia Minnesota Missouri. Nebraska new York Ohio Pennsylvania and Virginia. These statistics Are not necessarily typical of felony Casci in the rest of  Schlesinger cautioned. He said future surveys would cover More states and give a clearer picture of whal is happen ing  the Jala is based on statistics provided to the Bureau by so Ltd govern ments officials said. No identical Statis tics were available for comparison with previous years. The Survey tracking offenders,1984," also provided a breakdown be tween Blacks and whiles and covered the length of sentences for various Levels of crime. I said about 63 percent of those arrested where while and 37 percent were Black. Those classified As other races accounted of toss Tolian 1 percent of inc reported crimes the Survey said. Blacks who make up 12 Titen of the population were charged with 48 per cent of the violent felonies in the Survey and 3i percent of inc drug cases the highest Rale of prosecutions 90 percent came in Public order felony cases such As weapons violations vice cases and parole violations the lowest 78 percent was fur drug offences the Survey said it said Hal of those convicted of a violent felony. 36 percent did not go to jail 31 Percini were sentenced to one year or la in jail and 34 percent received sentences of longer than one year. Felonies arc typically crimes that carry sentences of one year or More in jail although Siatt Laws vary judges often reduce sentences depending on Circum stances and first Lime offenders Are often spared jail Tennis. Ketchup at or. K s Norman Kile devout Ali s at or. K s restaurant one of the thing Charlotte , cil Iwu like doing Best i Lynn on the Ketchup Charlotte tads the nation in per capita Ketchup consume to in according to a Reinl sumy. Lou/sv/1/e heart transplant patient Dies at 60 Louisville by a a 60-year-old Man w to received a heart transplant last month after being kept alive with a mechanical heart died sunday at he Mana  attributed the death of Walton Jones or. To general died infection said hos Pital spokeswoman Donna Hazec. Jones a. Retired photographer from Louisville was Given a Jack artificial heart dec. 4 to keep him alive for a trans Plant Afler bypass surgery failed. His 01 heart had been severely weakened by to own Iwu heart attacks in the Pait three years. He lived on the mechanical heart for 15 Days before a donor heart was found. Jones was plagued with continue bleeding after the transplant according to or. Roland Girardet the surgeon who led the transplant  said the bleeding was attributed to a combination of factors the condition of Jones Chest after iwo pre Vious operations the presence of anti coagulants needed to keep his blood from cloning while the artificial heart was in place and the transfusion of Large amounts of blood during the operation. The artificial heart was implanted by or. William do Vries the Only Man in the United Stales with permission from the food and drug administration to perform permanent implants of the mechanical  dec 4 operation was comp scaled when the Jarvik 7-100 heart pc Ries it tempted to implant would not fit m Jones Chest cavity and the device had 10 be re placed with a Small Jarvik 7-70.ll was the first temporal implant of a Jarvik heart by Duvries. He had not Donean implant in More than iwo years before Jones surgery. All of Devries four Perma nent Imp tank patients have died