The children of a woman who died of lung cancer have asked the Court of Appeal to overturn a judgment striking out a claim for compensation.
Brandon and Kasey Pou had filed their own case for damages of $421,235 after their mother, Janice Pou, died aged 51 in September 2001.
The former Invercargill fish and chip shop worker had smoked 30 cigarettes a day since she was 17.
Mrs Pou had claimed $310,000 three months before her death, saying she had believed advertisements that smoking was glamorous and had become addicted. Health warnings were not put on packets till the 1970s.
British American Tobacco (New Zealand) and W.D. & H.O. Wills succeeded in having the claim against them struck out by a High Court judge.
But a bid by BAT to deny legal aid to the children to take the case failed when another High Court judge said aid did not stop automatically because Mrs Pou had died.
The five-judge Court of Appeal has reserved its decision.
- NZPA
