FLORIDA JURY AWARDS WIDOW $23.6 BILLION IN TOBACCO DEATH CASE

Cynthia Robinson sued R.J. Reynolds Tobacco Company and was awarded $16,8 million in compensatory damages plus $23.6 in punitive damages for the 1996 lung cancer death of her chain smoking husband

I just do not believe this award will hold up. If the trial judge does not drastically reduce the punitive damages award, an appellate court will surely do it. I have to agree with Reynolds’ attorney when he said,” This verdict goes far beyond the realm of reasonableness and fairness.”

JURY SAYS RJ REYNOLDS HAS TO PAY $23 BILLION TO WIDOW OF LONGTIME SMOKER
By Jennifer Kay

Associated Press
July 19, 2014

MIAMI -- A Florida jury has slammed a tobacco company with $23.6 billion in punitive damages in a lawsuit filed by the widow of a longtime smoker who died of lung cancer in 1996.

The case is one of thousands filed in Florida after the state Supreme Court in 2006 tossed out a $145 billion class action verdict. That ruling also said smokers and their families need only prove addiction and that smoking caused their illnesses or deaths.

The damages a Pensacola jury awarded Friday to Cynthia Robinson after a four-week trial come in addition to $16.8 million in compensatory damages.

Robinson individually sued R.J. Reynolds Tobacco Co. in 2008 on behalf of her late husband, Michael Johnson Sr. Her attorneys said the punitive damages are the largest of any individual case stemming from the original class action lawsuit.

"The jury wanted to send a statement that tobacco cannot continue to lie to the American people and the American government about the addictiveness of and the deadly chemicals in their cigarettes," said one of the woman's attorneys, Christopher Chestnut.

Reynolds' vice president and assistant general counsel, Jeffery Raborn, called the damages in Robinson's case "grossly excessive and impermissible under state and constitutional law."

"This verdict goes far beyond the realm of reasonableness and fairness, and is completely inconsistent with the evidence presented," Raborn said. "We plan to file post-trial motions with the trial court promptly, and are confident that the court will follow the law and not allow this runaway verdict to stand."

The lawsuit's goal was to stop tobacco companies from targeting children and young people with their advertising, said Willie Gary, another attorney representing Robinson.

"If we don't get a dime, that's OK, if we can make a difference and save some lives," Gary said.

In June, the U.S. Supreme Court turned away cigarette manufacturers' appeals of more than $70 million in court judgments to Florida smokers. Reynolds, Philip Morris USA Inc. and Lorillard Tobacco Co. had wanted the court to review cases in which smokers won large damage awards without having to prove that the companies sold a defective and dangerous product or hid the risks of smoking.