(l-r) Judges Edward LaRose, Anthony Black, and Craig Willanti. (Courtesy photos) Florida Appellate Court Vacates $8.5M in Punitive Damages Over Witness Error
"We cannot, therefore, conclude that there is no reasonable possibility that the conspiracy to fraudulently conceal claim contributed to the verdict on punitive damages," the state appellate court judges ruled.
April 30, 2024 at 02:27 PM
4 minute read
What You Need to Know
- An appellate court vacated a nearly $8.5 million punitive damages award.
- The appellate court pointed to the Florida Supreme Court ruling in Prentice v. R.J. Reynolds Tobacco.
- Testimony by multiple witnesses did not demonstrate that the decedent relied upon statements from tobacco coconspirators when he chose to begin smoking or at any point during his decades of smoking.
An appellate court in Florida relied on a state Supreme Court ruling to vacate, in favor of an Am Law 100 client, a nearly $8.5 million punitive damages award that a jury initially returned in an Engle progeny action to the estate of a deceased smoker.
Scott Schlesinger of the Schlesinger Law Firm is a tobacco litigation expert who is not involved in the case in which the defendant, R.J. Reynolds Tobacco Co. appealed to the Second District Court of Appeal a jury verdict in favor of the plaintiff, the estate of Salvatore Giambalvo Jr.
Scott Schlesinger of Schlesinger Law Offices. (Credit: J. Albert Diaz/ALM) This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
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