The first smoker in Australia to win a damages case against a major cigarette manufacturer will be awarded compensation by a jury this week.
Rolah McCabe (51) has lung cancer and is not expected to live out the year, but her case against British American Tobacco Plc could open the way for thousands of claims from Australian smokers.
McCabe, a mother of four who smoked BAT's Escort and Capstan brand cigarettes, was diagnosed with lung cancer in 1999 and was told she had eight weeks to live.
Last month, the Melbourne Supreme Court rejected BAT's defence in the case and ordered the jury to determine damages without McCabe having to prove negligence. A suppression order has prevented further case details being disclosed.
The six-person jury will be given guidelines on Wednesday on how much to award McCabe for medical costs, loss of income, and pain and suffering, a source said.