Appeals Court Backs New Trial In Escambia Smoking Case

July 25, 2017

An appeals court Monday said the family of a dead Escambia County smoker should receive a new trial on pain-and-suffering damages in a case against cigarette maker Philip Morris USA.

But a panel of the 1st District Court of Appeal rejected arguments that the family of Norman Lamar Danielson should also receive a new trial on punitive damages.

The Escambia County case is one of thousands filed against the tobacco industry in Florida.

The cases — known as Engle progeny cases — stem from a 2006 Florida Supreme Court ruling that established critical findings about a series of issues including the dangers of smoking and misrepresentation by cigarette makers.

In the Danielson case, a jury awarded $25,000 in economic damages to Danielson’s wife, zero pain-and-suffering damages and $325,000 in punitive damages, Monday’s ruling said. It also awarded $100,000 each to Danielson’s three children for pain and suffering — a type of damages more formally known as “non-economic” damages. After the trial, the family’s attorney sought changes in the verdict, in part because the parties had agreed that the economic damage amount should total $2.3 million.

The circuit judge approved the higher amount of economic damages, which typically involve such things as lost wages, and ordered a new trial on the amounts of non-economic damages and punitive damages. The judge pointed to issues in the case that indicated possible jury prejudice against Danielson’s wife. A three-judge panel of the appeals court upheld the judge’s decision to grant a new trial on pain-and-suffering damages.

“The trial court granted a new trial on non-economic damages because it found the jury’s verdict both inadequate and against the manifest weight of the evidence,” said Monday’s ruling, written by appeals-court Judge Timothy Osterhaus.

“We see no abuse of discretion here.” But the appeals court, by a 2-1 margin, rejected a new trial on punitive damages. Osterhaus and Judge Thomas Winokur were in the majority on the punitive-damages issue, while Judge Ross Bilbrey argued that a new trial should be held on punitive damages.

by The News Service of Florida

Comments

7 Responses to “Appeals Court Backs New Trial In Escambia Smoking Case”

  1. Reality Check on July 26th, 2017 9:52 am

    What a country to live in where it is acceptable to sell a pperson a product that is known to kill 500,000 plus people a year, but that same person would be scolded for using/smoking marijuana (which has no death rate). This is why the term “pro-life” means nothing. Because the people claiming to be so are inconsistent in their views on which life is sacred.

  2. Dan on July 25th, 2017 8:46 pm

    Please be respectful of the deceased and his family. They don’t deserve any negative comments.

  3. Rodney on July 25th, 2017 8:20 pm

    As long as there is money to be made, whether it has morals or not, these types of lawsuits will continue. Remember the cup of coffee, from McDonalds, spilled in the lap?

  4. Chris on July 25th, 2017 2:16 pm

    It makes sense this guy would not know smoking is very dangerous/
    since he was living in a cave the last 27 years.
    Oh wait.
    Personal responsibility is foreign concept to many

  5. nod on July 25th, 2017 12:38 pm

    What a country. Knowingly destory your body and get paid for it. Everyone knows smoking is bad for your lungs. You do it by choice.

  6. David Clark on July 25th, 2017 9:33 am

    First all the states were on board with the massive suit because THEY got money. Where is that money? Now and then I see a PSA, but the states, Florida for one, don’t do much of anything remotely near smoking cessation.

    Second does ANYONE know a smoker who is not aware of the damages smoking does? Since 1964, over FIFTY years, the pork laden governments don’t REALLY want to outlaw cigarettes. Publicly sure, but the states collect hundreds of BILLION money via tax.

  7. anne 1of2 on July 25th, 2017 8:52 am

    If I sued every time someone in my family died from something they did to themselves over the years I would be billionaire.

Written by William Reynolds · Filed Under News