West Virginia Record

Wednesday, August 21, 2019

Man alleges he failed scuba physical because of additives in cigarettes, seeks damages from Altria

Federal Court

By Carrie Bradon | Jul 25, 2019


ELKINS – A Belington man has filed a suit against the owner of the maker of Marlboro cigarettes over allegations it used additives in its products to make them more addictive.

Dale P. Field Jr. filed a complaint in Randolph Circuit Court against Altria Group Inc. alleging negligence and other counts. The defendant later removed the case to the U.S. District Court for the Northern District of West Virginia.

The plaintiff alleges the defendant knowingly and willfully used additives in its product to make them more addictive for the purpose of profits. He alleges the defendant's actions prevented him from quitting smoking.

The plaintiff alleges he has been damaged from a decreased capacity of lung volume usage from smoking. He alleges he failed a physical to be accepted into a commercial scuba diving class because he failed to pass the lung volume test.

The plaintiff is seeking $750,000 in damages, attorney fees and court costs. The plaintiff is representing himself.

U.S. District Court for the Northern District of West Virginia case number 2:19-CV-00036

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