Courtesy photo
PRODUCTS LIABILITY
ORANGE CIRCUIT COURT
A jury awarded $16 million in punitive damages on top of $300,000 in compensatory damages to the estate of a smoker who died from lung cancer. The compensatory damages were reduced to $150,000 due to a finding of 50 percent comparative negligence by the deceased.
Lois Stucky, who was in her 50s when she died, smoked cigarettes manufactured by R.J. Reynolds Co. since she was 17. The lawsuit alleged a design defect and fraudulent concealment, arguing tobacco companies used propaganda in selling their products.
R.J. Reynolds denied liability and argued Stucky continued to smoke despite knowing the dangers associated with it. The jury found a design defect but no fraud or conspiracy.
Case: Coates v. R.J. Reynolds Tobacco
Case No.: 1997-CA-004541-O
Plaintiffs attorneys: Joshua R. Gale, Wiggins Childs Pantazis Fisher Goldfarb, Deland; and
Parama Karuna Liberman, Gainesville, and William H. Ogle, Daytona Beach, Ogle Law
Defense attorneys: Jesika French, Atlanta, Dennis L. Murphy, Cleveland, and Jihan Walker, Chicago, Jones Day