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Courts Side With Smokers’ Families In Tobacco Cases
June 14, 2013
Two of Florida’s top courts Thursday ruled against the tobacco industry in cases involving the deaths of smokers, including an appeals court upholding a $20 million punitive-damages judgment against R.J. Reynolds Tobacco Co.
The punitive-damages case, decided by the 1st District Court of Appeal, stemmed from the 1995 death of Frank Townsend, an Ocala man who smoked the company’s cigarettes and developed lung cancer. Townsend’s widow, Lyantie, filed a lawsuit against R.J. Reynolds — one of thousands of tobacco-related cases bouncing through the state’s court system.
Thursday’s ruling was the second time the Tallahassee-based appeals court has ruled on the amount of punitive damages that could be awarded to Townsend’s widow. Last year, judges said a $40.8 million punitive-damages award was excessive and ordered that the case be sent back to an Alachua County court, where it was originally heard, to determine a lower amount.
A circuit judge set the amount at $20 million, which prompted R.J. Reynolds to appeal again on a number of grounds, including whether it was entitled to a new trial on the damages and whether the $20 million was excessive. But the appeals court rejected those arguments.
The jury in the case also awarded $10.8 million in separate damages to compensate Townsend’s widow for such issues as pain and suffering and loss of consortium. That total was reduced to $5.5 million because it was determined that Frank Townsend was 49 percent at fault for his death and R.J. Reynolds was 51 percent at fault.
The Townsend case is part of a barrage of lawsuits against tobacco companies stemming from a 2006 Florida Supreme Court decision. That decision determined such lawsuits have to be heard individually instead of as a class action, but it also established critical findings about the health dangers of smoking and misrepresentation by cigarette makers — findings that have bolstered the cases, known in the legal world as “Engle progeny” cases.
Meanwhile Thursday, the state Supreme Court sided in a Miami-Dade County case with Karen Capone, the widow of Frank Capone, a longtime smoker who died in July 2006 after filing a personal-injury lawsuit against cigarette maker Philip Morris USA.
The dispute focused on whether Karen Capone should be able to amend the case and pursue a wrongful-death claim. Philip Morris contended that the case needed to be dismissed and that a new wrongful-death lawsuit would have to be filed.
But justices, in a 5-2 decision, sided with Capone.
“When an injured plaintiff in a personal injury action dies, it is both necessary and proper for the personal representative of the decedent’s estate to be named a party in the pending action so that a survival damages claim, a wrongful death claim, or both, may continue to be pursued,” Justice R. Fred Lewis wrote in the majority opinion.
Lewis was joined by justices Barbara Pariente, Peggy Quince, Jorge Labarga and James E.C. Perry. Chief Justice Ricky Polston and Justice Charles Canady dissented.
by Jim Saunders, The News Service of Florida
Comments
21 Responses to “Courts Side With Smokers’ Families In Tobacco Cases”
Mymother died of lung and throat cancer, probably due to her heavuy smoking. Asasurvivor do we have a case for a wrongful death suiytUnfortunately my mother got hooked before all the information we have about the negative results of smoking
To those who think we must have that’s correct. However your not placing that Burden on the correct pairs of Shoulders, The Tobacco Companies, and American . Did you follow what the Tobacco was laced with, in order to get people hooked on their , Some ending in death, with out any concern, as to how it might affect smokers on Certain Medications, Heart Problems ,Stroke, Mental Problems , and a whole array of Illness. Those of you who do street drugs and smoke , need to think about this, my died from smoking a certain tobacco for 44 years, he never thought it would give him cancer. was raised in the Country as were many who served in the ww11. I asked him in 1999 when he quit smoking after his Doctor informed him he had to quit, how he started smoking, he said the Tobacco Companies were allowed to hand out FREE CIGARRETS” stating they were good for their nerves. Of course they got hooked, and started buying a carton a week at the PBX. My husband was in the Navy, at SEA . a perfect . How many Thousands do you think were unwilling VICTIMS ? So think and investigate before making a conclusion ,as far as I’m concerned what the Tobacco companies did is CRIMINAL , they should have been charged and tried just as any other criminal, ad sent to Prison.
Matt in my last paragraph I said people are responsible for their own mistakes. Similar to what you said about accountablity.
First of all, let me say I DESPISE ANYTHING to do with smoking. It is one of the nastiest habits EVER invented!! Second, what kind of IDIOT JUDGES would side with the people who knew this habit may eventually kill them? It is time for all of us to GROW UP and start taking responsibility for our own actions instead of trying to take advantage of our loved ones STUPIDITY and UNCARING ADDITUDE towards us by smoking in the first place. I don’t wish bad luck on these people who sued the tobacco companies and won, but no good can come out winning this money and they need to be aware of the consequences stemming from greed. May God have mercy on their souls because they WILL one day answer for their actions!!!
People are ignorant to think or to have believed for one moment that smoking was good for them. Like the GAGGING and CAUGHING (the bodies rejection) of the first few cigarettes didn’t warn them. And just to think, these people have the nerve to say they are entitled to a cash award for their ignorance. FOLKS, THIS IS WHATS WRONG WITH AMERICA! NO ACCOUNTABILITY…
@ dad:
Do you feel I should take responsibility for my 16 years of tobacco use? As I recall, warnings were used then. I was 14 when I started. Just curious about your opinion.
REGARDING:
“The average person THEN didn’t know smoking caused cancer.”
It may NOT cause cancer. It may just cause a stroke, heart attack, high blood pressure, angina, macular degeneration, bronchitis, asthma, miscarriages, gum disease or emphysema or just make you stink. It causes burned clothes and even burned down houses. There is a teeny chance it may not ever harm you. That it was bad for people was never in doubt — even the most foolish could see that, they just thought they would win the bad bet against how it might harm them.
AND
“The tobacco companies added nicotine and other things to make the cigarettes more addictive than they would be naturally. That makes them liable in my opinion years ago.”
They blended and flavored their product. Tobacco always had nicotine in it. Burned tobacco always smelled pretty much the same. People always smoked it for the effect of the drug nicotine. Those who continue to use tobacco are still doing it for their drug fix.
It cost my father his larynx and years of quality life. It kills millions and every one it kills decided to take that first puff of smoke and each and every puff after that.
David for truth
Years ago cigarettes didn’t have warning labels and there was even advertisement to encourage smoking as a way to control your weight. It was also everywhere, workplaces, airplanes etc. The average person THEN didn’t know smoking caused cancer.
The tobacco companies added nicotine and other things to make the cigarettes more addictive than they would be naturally. That makes them liable in my opinion years ago.
But anyone that has started smoking since it became common knowledge how bad it is and since the warnings have been on packages are responsible for their own mistakes.
@ David:
You are a trip!
@ thewayiseeit: I commenced the use of smokeless tobacco at the age of 14. I am now 30 and up until four months ago, never thought about quitting. I thoroughly enjoyed using the product and still to this day would willingly use it again, even after knowing the risks involved with its usage. However, I was faced with the option of discontinuing tobacco use or loosing my job. Guess which one I chose… My job. Tobacco is addicting but guess what, so is sex. You have to make the choice to quit. I did & so can you. I finished the contents of my last can of Copenhagen & have not purchased it since. EVERYTHING YOU DO TO YOUR BODY IS YOUR CHOICE…. DO IT, OR DONT…. Its all up to you. AND IM NOT SAYING ITS EASY, JUST FOLLOW THROUGH.
REGARDING:
“Is this still a free country?”
Not only is it a free country, but if you are lucky, your heirs will make millions off your abuses of your freedoms.
Is this a great country or what?!?
David for happy consequences
Is this still a free country?
i cant help but see these judges as “enablers” in continuing this farce …..might as well throw the lawyers into the mix too, as they ALWAYS get a heafty chunk of the spoils!…btw, i HATE smoking!
Nobody has a gun to your head.
I started smoking when I was 14 and unfortunately still do have tried many things to stop and no when I was 14 I did not know it may give me cancer one day or anything like I see on tv now no one talk to me about not smoking. I am thankful these companies are being held responsible and very thankful for the commercials on tv so my kids and grandkids hopefully never smoke
Smoking is a form of slow suicide.
This is to punish the ones who helped folks commit this slow suicide.
Meanwhile, the government benefits from their efforts with high taxes and shorter years on social security.
I agree folks. Smokers know the risks. Just because a spouse does not stop smoking when asked, doesn’t mean the tobacco company is at fault. Just say no.
“Two of Florida’s top courts Thursday ruled against the tobacco industry in cases”
Run by the buddies of the lawyers suing.
To Herschell Spears
“Some people need to take some responsibley for there own sickness.”
Wow thanks for the laugh. This is America, If the lawyers can profit ,that wont happen.
Tobacco: kills 500,000 Americans on average every year (LEGAL).
Marijuana: kills 0 Americans on average every year (ILLEGAL).
This is ridiculous. The Good Lord gave us ALL a brain. We make our own decisions. No one puts a gun to your head to make you smoke. The cigarette companies are not responsible for the deaths of those who smoke. They put warning labels on the package! READ THEM! If you still want to smoke, do it, but you have to pay the consequences. My husband smokes, I’ve asked him to guit but he’s a grown man and he can make his own decisions.
I bet both of these people knew that tobacco would be bad for you. I smoked for 52 years and knew it could cause cancer but that was my decision to smoke. I just don,t believe we should blame any company from causeing us to get cancer. The tobaccoa was there but no one made us smoke. Some people need to take some responsibley for there own sickness.