Courtesy photo

PRODUCTS LIABILITY

MIAMI-DADE CIRCUIT COURT

A jury awarded $225,000 to the estate of a 57-year-old longtime smoker who died of lung cancer.

Garage owner Frank Capone was diagnosed with lung cancer in 2003 after smoking since he was 13 or 14. His cancer spread to his trachea before he died in 2006 after the lawsuit was filed. It was not one of the so-called Engle progeny cases covered by the rules of a disbanded statewide class action.

The jury ruled in favor of the defense on design defect and conspiracy claims but found Philip Morris was negligent in designing its light and ultra light cigarettes. The jury assigned 10 percent of the liability to Philip Morris and the remaining 90 percent to Capone, but there was no reduction based on a fraud finding.

Case: Frank Capone v. Brown & Williamson Tobacco et al.

Case No.: 2005-010312-CA-01

Plaintiffs attorneys: Alex Alvarez, The Alvarez Law Firm, Coral Gables; Nathan D. Finch, Washington, and Sara O. Couch, Mount Pleasant, South Carolina, Motley Rice

Defense attorneys: Bruce R. Tepikian, Kansas City, Missouri, and Frank Cruz-Alvarez, Miami, Shook, Hardy & Bacon; Jessica L. Grant, Venable, San Francisco