Florida Verdicts

Plaintiff(s):

John McCoy (Male), 

Estate of Glodine(deceased) McCoy (Female, 70 Years)

Plaintiff Attorney(s):

Alex Alvarez;
The Alvarez Law Firm;
Coral Gables,
FL,
for
John McCoy, Estate of Glodine(deceased) McCoy ■ Steven J. Hammer;
Schlesinger Law Offices, PA;
Fort Lauderdale,
FL,
for
John McCoy, Estate of Glodine(deceased) McCoy ■ Jonathan Gdanski;
Schlesinger Law Offices, P.A.;
Fort Lauderdale,
FL,
for
John McCoy, Estate of Glodine(deceased) McCoy ■ Scott P. Schlesinger;
Schlesinger Law Offices, PA;
Fort Lauderdale,
FL,
for
John McCoy, Estate of Glodine(deceased) McCoy

Plaintiff Expert(s):

David Mannino; M.D.; Pulmonary/Respiratory Diseases; Lexington,
KY called by:
Alex Alvarez, Steven J. Hammer, Jonathan Gdanski, Scott P. Schlesinger ■ Harold Altschuler; M.D.; Cardiology; Pompano Beach,
FL called by:
Alex Alvarez, Steven J. Hammer, Jonathan Gdanski, Scott P. Schlesinger ■ Judith Prochaska; Ph.D.; Addiction Medicine; called by:
Alex Alvarez, Steven J. Hammer, Jonathan Gdanski, Scott P. Schlesinger ■ Robert Proctor; Ph.D.; Historian; Stanford,
CA called by:
Alex Alvarez, Steven J. Hammer, Jonathan Gdanski, Scott P. Schlesinger

Defendant(s):

Philip Morris USA, Inc., 

Lorillard Tobacco Company, 

R.J. Reynolds Tobacco Company

Defense Attorney(s):

Jeffrey L. Furr;
King & Spalding, LLC;
Charlotte,
NC,
for
Lorillard Tobacco Company, R.J. Reynolds Tobacco Company ■ Bruce R. Tepikian;
Shook, Hardy & Bacon L.L.P.;
Kansas CIty,
MO,
for
Philip Morris USA, Inc. ■ Jason E. Keehfus;
King & Spalding, LLC;
Atlanta,
GA,
for
Lorillard Tobacco Company, R.J. Reynolds Tobacco Company ■ Valentine Leppert;
King & Spalding, LLC;
Atlanta,
GA,
for
Lorillard Tobacco Company, R.J. Reynolds Tobacco Company

Defendant Expert(s):

Peter Lipowicz;
Sciences;
Pittsburgh,
PA called by:
Bruce R. Tepikian ■ Bhushan Agharkar;
Addiction Medicine;
Atlanta,
GA called by:
Jeffrey L. Furr, Bruce R. Tepikian, Jason E. Keehfus, Valentine Leppert ■ Charles Garner;
Cigarette/Tobacco;
Winston-Salem,
NC called by:
Jeffrey L. Furr, Jason E. Keehfus, Valentine Leppert ■ William Klein;
Pulmonology;
Newport Beach,
CA called by:
Jeffrey L. Furr, Bruce R. Tepikian, Jason E. Keehfus, Valentine Leppert

In July 1997, Glodine McCoy, 70, died of lung cancer in Pompano Beach. John McCoy, representing the estate of his wife, sued R.J. Reynolds Tobacco Company, Philip Morris USA, Inc., and Lorillard Tobacco Company, alleging products liability, defective product, negligence, fraudulent concealment, and conspiracy to fraudulently conceal material information. McCoy alleged that the sued parties’ sale of defective cigarettes, negligence, fraud and conspiracy caused Glodine to become addicted to cigarettes containing nicotine, and that her addiction caused her to develop lung cancer after being diagnosed with artery disease, chronic obstructive pulmonary disease and peripheral vascular disease. The case stemmed from a Florida state-court class-action, Engle v. R.J. Reynolds Tobacco Co. In 2000, a jury in that case rendered a $145 billion punitive damages verdict in favor of a class of Florida smokers allegedly harmed by their addiction to nicotine. In 2006, the Florida Supreme Court reversed that award and decertified the class, but permitted potentially thousands of lawsuits to be filed. For plaintiffs to be allowed to rely on jury findings in the Engle litigation, they must establish that they would qualify as members of the Engle class of plaintiffs. This includes proving that there had been a manifestation of disease due to smoking by the date of Nov. 21, 1996. The estate alleged McCoy began smoking at age 13 and continued more than 50 years. McCoy was diagnosed with lung cancer in 1990. The estate’s expert historian testified that the sued tobacco companies, engaged in fraud and conspired to conceal the health effects of cigarettes and their addictive nature. The estate’s expert historian also testified that the tobacco companies utilized mass advertising, including those that targeted youth like McCoy. The estate’s addiction expert testified that McCoy was addicted to smoking cigarettes and was unable to quit. The estate alleged McCoy’s family would, at times, go without food because McCoy’s addiction caused her to buy cigarettes instead of food. The defense denied all of the estate’s allegations, contending that McCoy was not addicted to cigarettes containing nicotine. The defense further claimed that McCoy chose to smoke knowing the risks and bore legal responsibility for the consequences of that decision. Defense counsel argued that McCoy was never serious about quitting smoking during the 50 years she engaged in smoking because she enjoyed smoking.

The estate alleged that as a result of using the tobacco companies’ products, McCoy suffered from lung cancer, which caused her death. McCoy’s husband sought to recover damages for the loss of companionship and affection, as well as mental pain and suffering for the loss of his wife. The estate suggested the jury award $10 million in compensatory damages. The estate also sought $20 million in punitive damages. In arguing for punitive damages, the estate’s counsel contended that the tobacco companies are still in need of punishment and deterrence. The estate’s counsel argued that the tobacco companies continue to deceive the public. The estate’s counsel argued that R.J. Reynolds’ latest Natural American Spirit cigarette and tobacco brand products, for example, are marketed as containing 100 percent organic tobacco that is additive-free. The estate alleged that it is a clever strategy designed to market Natural American Spirit as an organic, healthy cigarette, when in reality there is no such thing as a healthy cigarette because they still contain toxins. The defense argued that punitive damages were not warranted because R.J. Reynolds, Philip Morris and Lorillard are changed companies striving to make a safer product. Further, defense counsel argued that the tobacco companies should not be punished for past misconduct.

The jury found that Glodine McCoy was addicted to cigarettes containing nicotine and that such addiction was a legal cause of her lung cancer and death. The jury further found that McCoy relied to her detriment on the tobacco companies’ concealment or omission of material information from its representatives regarding the health effects or addictive nature of smoking cigarettes, which concealment or omission had the effect of making those representations false or misleading. The jury found R.J. Reynolds 25 percent liable, Philip Morris 20 percent, and Lorillard 20 percent. The jury found Glodine McCoy 35 percent liable. The jury determined that McCoy’s husband’s compensatory damages totaled $1.5 million. It also determined that punitive damages were warranted against R.J. Reynolds, Philip Morris and Lorillard. The jury assessed $9 million in punitive damages against R.J. Reynolds, Philip Morris and Lorillard, to be partitioned equally between the three tobacco companies. Hence, the total award was $10.5 million. Damages were not reduced for comparative negligence because there was a jury finding of an intentional tort on the part of the tobacco companies.

Judge:

John J. Murphy

Trial Length:

2
 weeks

Trial Deliberations:

4
 hours

This report is based on information that was provided by plaintiff’s counsel. Defense counsel for R.J. Reynolds Tobacco Company, Philip Morris USA, Inc., and Lorillard Tobacco Company did not respond to the reporter’s phone calls.