The tobacco industry suffered another in a mounting series of courtroom defeats in Florida, where a jury awarded $46.3 million to the widow of a smoker who died of lung cancer.
The verdict in Gainesville against R.J. Reynolds, the second biggest U.S. cigarette maker, was the 13th loss for the industry in Florida in 15 trials since a pivotal 2006 ruling by the state’s Supreme Court. Five plaintiff verdicts have come in March and April, according to Edward Sweda, senior attorney for the Tobacco Products Liability Project, a Boston-based group that promotes lawsuits against the tobacco industry. A spokesman for R.J. Reynolds said the company was disappointed by the verdict and will appeal.
Wednesday’s verdict came in the case filed by Lyantie Townsend, widow of Frank Townsend, who began smoking in his early teens and died in 1995. The jury awarded $10.8 million in compensatory damages and $80 million in punitive damages. Nearly half of the total was offset by a finding that Townsend was 49 percent responsible for his illness and death.
In 2006, the Florida Supreme Court overturned a $145 billion judgment against cigarette makers in a statewide tobacco class action known as the Engle case. But the court allowed individual smokers to pursue their claims. It also let stand some findings by the Engle jury that lowered the burden of proof for individual plaintiffs, including that smoking is addictive and causes lung cancer and more than a dozen other diseases.
A report on Wednesday’s verdict is here.
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