$______ VERDICT INCLUDING $______ IN PUNITIVE DAMAGES - TOBACCO - STRICT LIABILITY - PLAINTIFF CONTENDS DECEDENT HUSBAND AND FATHER DIED OF CANCER FROM CIGARETTES PRODUCED BY DEFENDANT TOBACCO COMPANY - DEFENDANT ARGUES PLAINTIFF DOES NOT QUALIFY FOR INCLUSION IN CLASS ACTION BECAUSE DECEDENT DIED OF NON-SMOKING RELATED CANCER.

Pages2-4
Summaries With Trial Analysis
$15,495,000 VERDICT INCLUDING $8,495,000 IN PUNITIVE DAMAGES – TOBACCO –
STRICT LIABILITY – PLAINTIFF CONTENDS DECEDENT HUSBAND AND FATHER DIED OF
CANCER FROM CIGARETTES PRODUCED BY DEFENDANT TOBACCO COMPANY –
DEFENDANT ARGUES PLAINTIFF DOES NOT QUALIFY FOR INCLUSION IN CLASS
ACTION BECAUSE DECEDENT DIED OF NON-SMOKING RELATED CANCER.
Pinellas County, FL
In this product liability action, the plaintiff
asserted that the defendant tobacco company was
liable for the wrongful death of the plaintiff’s
decedent died from causes due to smoking of
cigarettes manufactured, marketed and sold by
the defendant. The plaintiff claimed strict liability,
negligence, fraud by concealment, and civil
conspiracy. The defendant argued that the
decedent was not a member of the Engle class
becausehediedofatypeofcancer,
bronchioloalveolar carcinoma, not caused by
smoking, The defendant maintained that the
decedent’s cancer and death were thus not
attributable to the negligence of the defendant
and the plaintiff was not eligible to recover
damages under Engle.
The Engle Phase I findings of a class action suit against
the defendant conclusively established that the ciga-
rettes sold and placed on the market by the defendant
were defective and unreasonably dangerous. As a prox-
imate result of smoking the defective cigarettes sold
and placed on the market by the defendant, the
smoker died and the estate is entitled to recover all
damages specified in Florida‘s Wrongful Death Act. the
plaintiff asserted that, in Engle, the Florida Supreme
Court approved certification for liability purposes of a
class including all Florida citizens and residents, and their
survivors, who suffered, presently suffer, or who have
died from diseases and medical conditions caused by
their addiction to cigarettes that contain nicotine. Be-
cause the plaintiff was an Engle class member; the
plaintiff was entitled to the benefit of the Phase I findings
of the class action and the plaintiff asserted and
alleged those findings as conclusively established that
the defendant was negligent.
The decedent died of lung cancer from smoking ciga-
rettes leaving four survivors, within the meaning of
Florida’s Wrongful Death Act: his spouse and 3 children.
the plaintiff estate sought damages for loss of earnings
from the date of injury to the date of death with interest
and loss of the prospective net accumulations; medical
and funeral expenses due to the decedent’s injury and
death; lost support and services; loss of the decedent’s
companionship and protection; mental pain and suffer-
ing; and loss of parental companionship, instruction,
and guidance.
The jury found that the decedent died of a type of lung
cancer caused by smoking, rather than BAC; that the
decedent was addicted to cigarettes and that his ad-
diction was the legal cause of his cancer and death.
The jury found the plaintiff and defendant each 50%
negligent and awarded compensatory damages of
$7,000,000 broken down as follows: $4,000,000 to the
plaintiff wife and $1,000,000 to each of the three plain-
tiff children for loss of companionship and protection
and pain and suffering. The jury also awarded
$8,495,000 in punitive damages against the defendant.
REFERENCE
Giambalvo, et al. vs. R.J. Reynolds Tobacco Company,
et al. Case no. 52-2018-CA-001663XX-CICI; Judge Patri-
cia A. Muscarella, 02-23-22.
Attorneys for plaintiff: Gary M. Paige and Cassandra
Castellano-Lombard of Gordon & Partners, P.A. in
Davie, FL. Attorneys for plaintiff: James W.
Gustafson, Jr., T. Hardee Bass, III, Laurie J. Briggs of
Searcy Denney Scarola Barnhart & Shipley, P.A. in
West Palm Beach, FL. Attorney for plaintiff: David J.
Sales of David J. Sales, P.A. in Sarasota, FL. Attorney
for defendant: Troy A. Fuhrman of Hill Ward
Henderson in Tampa, FL. Attorneys for defendant:
Stephanie E. Parker, Kenneth M. Grose and John M.
Walker of Jones Day in Atlanta, GA.
COMMENTARY
During the trial, the defendant made a motion for directed verdict.
After the jury verdict, the defendant moved for a new trial, reas-
serting the claims from its motion for directed verdict. The defen-
dant argued that the court should grant a directed verdict, or new
trial, on the plaintiff’s conspiracy claim because the plaintiff pre-
sented no evidence that the decedent relied on any statement by an
alleged co-conspirator. The defendant pointed to the fact that the
jury found the decedent did not rely on any statement by the de-
fendant or any of its predecessors that omitted or concealed the
health risks of smoking, but that he did rely on a misleading state-
ment by other tobacco companies or industry groups. The defen-
dant maintained that the plaintiff presented absolutely no evidence
2
Volume 32, Issue 8, August 2022
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