A tobacco company is asking a Boston judge to rule in its favor without a trial in a lawsuit accusing the company of targeting black children in cigarette marketing.

Lorillard Tobacco Co. is seeking a summary judgment in what is thought to be the first lawsuit to accuse a tobacco company of focusing marketing on black children. Arguments are Monday afternoon.  The 2004 suit was filed by Will Evans, the son of Marie Evans, who died of lung cancer in 2002 at age 54 after four decades of smoking.

Evans’ lawyers allege that Marie started receiving free Newport cigarettes in her Boston neighborhood when she was 9 years old.  Lawyers for Greensboro, N.C.-based Lorillard say the company should not be held liable for any harm to Evans after 1969, when cigarettes were required to carry warning labels.


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