Naugle v. Philip Morris USA, Inc.

Naugle v. Philip Morris
Court Broward County Circuit Court, Florida
Decided 19/11/2009
Case history
Appealed to 4th District Court of Appeal in West Palm Beach
Court membership
Judge(s) sitting Judge Jeffrey Streitfeld

Naugle v. Philip Morris was a landmark 2009 court case in which a jury awarded the plaintiff Lucinda Naugle $300 million.[1][2] The award included $56.6 million in compensatory damages for medical expenses and $244 million in punitive damages.[1][2] At the time, the verdict was the largest award given to an individual suing a tobacco company, and was featured on NBC, ABC, and The New York Times.[1][3][4] In 2012, the verdict amount for punitive damages was reduced to $36.8 million.[5]

Background

In 1968, Lucinda Naugle, an office manager from Fort Lauderdale, Florida and sister of former Ft. Lauderdale mayor, Jim Naugle, began smoking at the age of 20.[6] She quit when she was 45.[6] As a result of smoking, Naugle suffered from severe emphysema.[2]

At trial, Naugle claimed Philip Morris directly concealed the fact that cigarettes were harmful to health and addictive.[7] Philip Morris was also sued on the basis that the cigarettes manufactured and sold by the company were unreasonably dangerous.[8] The case was an Engle-progeny case, resulting from the Engle v. Liggett class action suit in 2006, where the Florida Supreme Court upheld a jury’s finding that cigarettes were dangerous to health and addictive.[9][10]

Naugle v. Phillip Morris was tried in Broward County Circuit Court, Ft. Lauderdale, FL, and a verdict was returned by the jury on November 20, 2009. The plaintiff was represented by Robert W. Kelley of Kelley/Uustal PLC.[8]

Appeal

In 2010, a final judgment by Circuit Court Judge Jeffrey Streitfeld reduced the punitive damages to $36.8 million in a post-verdict motion.[11] Philip Morris USA later appealed this award, stating that the punitive damages were still excessive. The appeal was considered at the 4th District Court of Appeal in West Palm Beach, which upheld Philip Morris USA’s liability in the case, but decided that a new jury would consider the final amount to be awarded to the plaintiff.[11][12]

See also

Robert W. Kelley

References

  1. 1 2 3 DUFF WILSON (November 20, 2009). "Ex-Smoker Wins Against Philip Morris". The New York Times. Retrieved June 1, 2013.
  2. 1 2 3 Edvard Pettersson (November 20, 2009). "Philip Morris Must Pay Smoker Almost $300 Million (Update1)". Bloomberg. Retrieved June 1, 2013.
  3. ↑ "Tobacco giant hit with record $300m fine". ABC News. November 21, 2009. Retrieved June 1, 2013.
  4. ↑ Brian Hamacher (November 20, 2009). "Holy Smoke! SoFla Woman Hauls in $300 Million Verdict". NBC Miami. Retrieved June 1, 2013.
  5. ↑ Jon Burstein (December 12, 2012). "Fort Lauderdale woman's big money verdict against tobacco company tossed out". Sun Sentinel. Retrieved June 1, 2013.
  6. 1 2 Rupert Cornwell (November 21, 2009). "Smoker in Florida awarded $300m damages against Philip Morris". The Independent. Retrieved June 1, 2013.
  7. ↑ "Jury Awards $300 Million to Former Smoker". Retrieved June 1, 2013.
  8. 1 2 "Cindy Naugle v. Philip Morris". Retrieved June 1, 2013.
  9. ↑ J. B. Harris. "Engle v. Liggett: Has Big Tobacco Finally Met Its Match?". Florida Bar Journal. Retrieved June 1, 2013.
  10. ↑ "Friday is deadline for ailing smokers to sue Big Tobacco". Retrieved June 1, 2013.
  11. 1 2 Jon Burstein (December 12, 2012). "Fort Lauderdale woman's big money verdict against tobacco company tossed out". Sun Sentinel. Retrieved June 1, 2013.
  12. ↑ "Cindy Naugle v. Philip Morris" (PDF). Retrieved June 1, 2013.
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