Tuesday, April 7, 1998 | 10:05 a.m.
As Congress continues its debate on a settlement with the nation's tobacco companies, a class action suit was filed in Clark County District Court against the tobacco industry on behalf of non-smoking casino employees.
The suit seeks damages and medical costs as well as costs to "retrofit" all gaming establishments to minimize the effects of second-hand smoke.
Named in he suit are big tobacco companies like Richmond, Va.-based Philip Morris, which accounts for almost half the cigarettes sold in the United States, RJR Nabisco, the Liggett Group and several smaller tobacco companies and tobacco-advocacy organizations.
Not named in the suit are any of the casinos that allow smoking. Las Vegas attorney Charles LoBello was not fearful the action would make casinos vulnerable to liability because of smoking, saying health risks related to second-hand smoke would be viewed as an on-the-job injury.
"Generally speaking, if you're injured on the job your sole and exclusive remedy is workmens' compensation. You cannot go out and sue your employer," said LoBello, who is working with a San Diego firm on the case.
He said casino companies are as much a victim in that their insurance plans have had to pay for claims related to smoking illnesses.
"Our position is that the casinos have been harmed by the failure of the tobacco companies as well," LoBello said.
Named as plaintiff is Arlene Christenson on behalf of "thousands" of casino employees. Christenson contracted chronic bronchitis and other respiratory ailments, according to the suit.
While a federal settlement would shield tobacco companies from future health-related litigation, LoBello said he didn't think this suit would be impeded because it was filed before Congress approved the settlement.
More and more tobacco companies are being sued by people claiming health problems due to second-hand smoke. Last year, a similar suit was filed in Reno and two former dealers sued big tobacco companies in federal court there earlier this year.
The trail was blazed by a suit in Florida in which 25 airline flight attendants sued the tobacco industry on behalf of 60,000 attendants claiming they contracted cancer and other ailments by breathing second-hand smoke before smoking was banned on all commercial flights in 1990. That case was settled four months into the trial for about $349 million.
Debate continues in Congress over a settlement reached in June 1997 between attorneys general of 40 states and the tobacco industry in which the industry would pay the federal government $368 billion in return for immunity from future suits. Bills being considered in Congress would push that amount up to around $500 million.
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