A box of cigarettes. Photo: Shutterstock.com.Tobacco Jury Hands 70% of Blame to Cuban Immigrant With Cancer
Philip Morris maintained warnings about cigarettes were in place before the plaintiff started smoking Marlboros in the United States.
October 21, 2019 at 11:12 AM
2 minute read
PRODUCTS LIABILITY
MIAMI-DADE CIRCUIT COURT
A Cuban immigrant diagnosed with laryngeal cancer in 1996 won a $1.3 million award against Philip Morris USA Inc., which was reduced based on the portion of blame attributed to the smoker.
Jorge Alvarez del Real said he became addicted to Marlboro cigarettes after arriving in the U.S. in 1980.
The defense argued that by the time Alvarez immigrated to the U.S., there were numerous warnings about cigarettes. The jury ruled Philip Morris was 30 percent liable and Alvarez was 70 percent liable.
The jury awarded $1.2 million in compensatory and $150,000 in punitive damages, but ruled in favor of Philip Morris on fraud and conspiracy claims. The compensatory award was reduced to $360,000 under the apportionment of liability. Alvarez del Real's net recovery was $510,000.
Case: Jorge Alvarez del Real v. R.J. Reynolds Tobacco
Case No.: 2007-032909-CA-01
Plaintiffs attorneys: Austin Carr, Parafinczuk Wolf Susen, Fort Lauderdale; and Jose Menendez, Menendez Trial Attorneys, Coral Gables
Defense attorneys: Jessica L. Grant, Venable, San Francisco, and Terrence J. Sexton, Shook, Hardy & Bacon, Kansas City, Missouri
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