Since a Florida Supreme Court decision in 2006, individual plaintiffs in the state have been awarded large verdicts, with most of those being reduced on appeal.
The jury yesterday also awarded Cynthia Robinson $16 million in compensatory damages for the 1996 death of her husband, Michael Johnson, who was 36, her lawyer, Willie Gary, said in a phone interview.
Robinson originally sued R.J. Reynolds as part of a class action case against tobacco companies. The original $145 billion verdict was overturned by the state’s top court, which also decertified the class and opened the door to individuals to sue the companies. The court endorsed many jury findings in the case, including that the companies were negligent, conspired to hide information about the dangers of smoking and sold defective products.
Gary said he expects the company, the maker of Camel cigarettes, to appeal yesterday’s verdict.
“I don’t know what the judges are going to do,” he said today. “I hope and suspect that we will keep the verdict. The jury sent a message.”
Bryan Hatchell, a spokesman for Winston-Salem, North Carolina-based Reynolds American, didn’t immediately respond to a phone message today seeking comment on the verdict.
The U.S. Supreme Court ruled in 2003 punitive damages usually should be no more than nine times actual damages. The court allowed exceptions for especially egregious conduct, and judges have upheld some punitive awards above the 9-to-1 ratio.
Reynolds American agreed this month to buy Lorillard Inc. (LO) for $25 billion. If the deal is cleared by antitrust regulators, the transaction will leave the 400-year-old American tobacco industry with just Reynolds and Altria Group Inc. (MO) controlling 90 percent of the market.
The Florida high court’s ruling, known as the Engle decision after Howard Engle, was reaffirmed last year in a different case.
Companies including Reynolds American and Altria’s Philip Morris USA, the biggest cigarette maker, have lost hundreds of millions of dollars in judgments in post-Engle cases, many of which are on appeal.
The case is Williams v. R.J. Reynolds, 2008 CA 000098, Florida First Circuit Court (Pensacola)
To contact the reporter on this story: Michael Hytha in San Francisco at firstname.lastname@example.org
To contact the editors responsible for this story: Michael Hytha at email@example.com Stephen West