Florida Verdicts

Plaintiff(s):

Linda Enochs (Female), 

Zachary Purdo (Male), 

Lauren Ann Kennedy (Female), 

Estate of Thomas(deceased) Purdo (Male, 52 Years)

Plaintiff Attorney(s):

Alex Alvarez;
The Alvarez Law Firm;
Coral Gables,
FL,
for
Linda Enochs, Estate of Thomas(deceased) Purdo ■ Gary M. Paige;
Gordon & Doner, PA;
Davie,
FL,
for
Linda Enochs, Estate of Thomas(deceased) Purdo

Plaintiff Expert(s):

Jack Henningfield; Ph.D.; Addiction Medicine; Baltimore,
MD called by:
Alex Alvarez, Gary M. Paige ■ Luis Villa; M.D.; Oncology; Miami,
FL called by:
Alex Alvarez, Gary M. Paige ■ Robert Proctor; Ph.D.; Historian; Stanford,
CA called by:
Alex Alvarez, Gary M. Paige

Defendant(s):

Liggett Group LLC, 

Vector Group LTD Inc, 

Philip Morris USA Inc., 

Lorillard Tobacco Company, 

R.J. Reynolds Tobacco Company

Defense Attorney(s):

Jeffrey L. Furr;
King & Spalding, LLC;
Charlotte,
NC,
for
R.J. Reynolds Tobacco Company ■ Bruce R. Tepikian;
Shook, Hardy & Bacon L.L.P.;
Kansas CIty,
MO,
for
Philip Morris USA Inc. ■ reported None;

for
Liggett Group LLC, Vector Group LTD Inc, Lorillard Tobacco Company

Defendant Expert(s):

Brian Peterson;
Forensic Pathology;
Milwaukee,
WI called by:
Jeffrey L. Furr, Bruce R. Tepikian

In 1997, Thomas Purdo, 52, died of lung cancer in Delray Beach. Linda Enochs, representing the estate of her husband, sued R.J. Reynolds Tobacco Company, Philip Morris USA Inc., Liggett Group LLC, Lorillard Tobacco Company, and Vector Group LTD Inc., alleging a theory of strict products liability, defective product, negligence, fraudulent concealment, and conspiracy to fraudulently conceal material information. The estate’s counsel alleged that the sued parties’ sale of defective cigarettes, negligence, fraud, and conspiracy caused Purdo to become addicted to cigarettes containing nicotine, and that his addiction caused him to develop lung cancer. 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 the disease due to smoking by the date of Nov. 21, 1996. Prior to trial, Liggett Group, Lorillard, and Vector Group were dismissed from the case. The trial proceeded only against R.J. Reynolds and Philip Morris. The estate’s counsel alleged Purdo began smoking at age 13 before the federal government-mandated warnings on cigarettes packs and cartons. Purdo was diagnosed with chronic obstructive pulmonary disease (COPD) in June 1996. Purdo eventually died of lung cancer in September 1997. The estate’s public health expert testified that the tobacco companies sued engaged in fraud and conspired to conceal the health effects of cigarettes and their addictive nature. He testified that R.J. Reynolds and Phillip Morris utilized mass advertising, including those that targeted youth. The estate’s oncology expert testified that medical records, including Purdo’s death certificate, proved his cancer began in his lungs. The estate’s addiction expert, a psychiatrist, testified that Purdo was addicted to cigarettes. He also testified that the addiction to cigarettes containing nicotine caused his lung cancer. Defense counsel denied all of the estate’s claims, contending that Purdo was not addicted to cigarettes containing nicotine. The defense further claimed that Purdo chose to smoke knowing the risks and bore legal responsibility for the consequences of that decision. Defense counsel argued that Purdo could have quit smoking anytime he chose, if he really wanted to. The defense’s pathology expert opined that Purdo suffered from another type of cancer, not caused by smoking, that originated in another part of his body, and that ultimately spread to his lungs. He opined that Purdo’s disease did not mimic the spread of cancer that typically belongs in the lungs.

Purdo’s wife sought to recover compensatory damages for loss of society, companionship, and protection as a result of her husband’s death. Purdo’s two children sought to recover compensatory damages for their loss of parental companionship, instruction and guidance, and mental pain and suffering. The estate also sought punitive damages against R.J. Reynolds and Philip Morris. The estate’s counsel argued that punitive damages were necessary to punish the tobacco companies for their past behavior and send a message to other tobacco companies that such behavior cannot go unpunished. The estate’s counsel suggested the jury award $25 million in compensatory damages and $10 million in punitive damages against R.J. Reynolds and Phillip Morris. Defense counsel argued that punitive damages were not warranted because the two firms are changed companies which have been striving to make a safer cigarette. The defense also pointed out that the tobacco industry is highly regulated at the moment. In addition, defense counsel argued that billions of dollars have already been paid to states on tobacco-related claims, and that it simply is not fair for these companies to continue to pay punitive damages for past behavior it no longer engages in.

The jury found that Thomas Purdo was addicted to cigarettes containing nicotine and that the addiction was a legal cause of a primary lung cancer that caused his death. The jury found that smoking cigarettes manufactured by R.J. Reynolds Tobacco Co. and Philip Morris USA Inc. was a legal cause of Purdo’s primary lung cancer and death. The jury found that Purdo reasonably relied to his detriment on a statement of material fact made by R.J. Reynolds and Philip Morris that concealed or omitted material information not otherwise known or available to him concerning the health effects or addictive nature of smoking cigarettes and such reliance was a legal cause of primary lung cancer and death. The jury found R.J. Reynolds 66 percent liable, Philip Morris 12 percent, and Purdo 22 percent. The jury determined that Purdo’s wife’s compensatory damages totaled $7 million and Purdo’s two children’s compensatory damages totaled $7 million each. Hence, total compensatory damages were $21 million. In addition, the jury found punitive damages were warranted. The jury assessed $6,250,000 in punitive damages against R.J. Reynolds and $6,250,000 against Philip Morris. Hence the total award was $33,500,000. Because there was a finding on an intentional tort on the part of R.J. Reynolds and Philip Morris, damages were not reduced for comparative negligence.

Linda Enochs: $7,000,000 Personal Injury: loss of companionship and protection; mental pain and suffering; Lauren Ann Kennedy: $7,000,000 Personal Injury: loss of parental companionship and protection; mental pain and suffering; Estate of Thomas (deceased) Purdo: $12,500,000 Personal Injury: Punitive Exemplary Damages; Zachary Purdo: $7,000,000 Personal Injury: loss of parental companionship, instruction and guidance; mental pain and suffering

Judge:

Meenu Sasser

Trial Length:

7
 days

Trial Deliberations:

3
 hours

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