This is yet another in a long line (literally thousands) of Engle Case lawsuits in Florida. The Engle case was a Supreme Court decision that overturned a $145 billion class-action judgement against Big Tobacco, while at the same time allowing individual lawsuits against various tobacco companies to be filed. This opened up a floodgate of lawsuits and jury awards in the hundreds of millions (perhaps even billions by now, I don’t know if anyone is keeping track.)
According to Wikipedia, the tobacco industry has lost 77 of the 116 Engle cases that have gone to trial so far.
This case is in Jacksonville and the plaintiff is a 64-year-old woman’s whose legs were amputated due to vascular disease caused by 40-plus years of smoking. The jury found the plaintiff, Donna Brown, 45 percent to blame and Philip Morris 55 percent to blame for lying about and covering up the dangers of smoking and awarded Brown $9 million in punitive damages and $8.3 million in compensatory damages.
From the article:
“The jury recognized that every person has a right not to be hurt by the careless, intentional misconduct of another, and Donna was hurt very badly by Philip Morris’ reckless and intentional misconduct,” attorney Nathan Finch said Friday.
Brown was a Marlboro smoker, but she also occasionally smoked Winstons, made by RJ Reynolds, which apparently reached a settlement with her.
The woman tried to quit several times, using Chantix, nicotine patches, nicotine gum, even a hypnotist, but nothing worked. She was not able to quit until she finally had a stroke in 2014 (Sounds like my mom, who kept smoking through cancer, heart attacks, chronic bronchities, etc., and only quit when she had a severe COPD episode.).