Florida Verdicts

Plaintiff(s):

Kenneth Kerrivan (Male, 51 Years)

Plaintiff Attorney(s):

Kenneth S. Byrd;
Lieff, Cabraser, Heimann & Bernstein, LLP;
Nashville,
TN,
for
Kenneth Kerrivan ■ Sara R. London;
Lieff, Cabraser, Heimann & Bernstein, LLP;
San Francisco,
CA,
for
Kenneth Kerrivan

Defendant(s):

Liggett Group, LLC, 

Dorsal Tobacco Corp., 

Lorillard Tobacco Co., 

Philip Morris USA Inc., 

Tobacco Institute Inc., 

Vector Group Ltd. Inc., 

R.J. Reynolds Tobacco Co., 

Council for Tobacco Research-USA Inc.

Defense Attorney(s):

Aviva L. Wernick;
Hughes, Hubbard & Reed, LLP;
Miami,
FL,
for
Lorillard Tobacco Co. ■ Andrew S. Brenner;
Boies Schiller & Flexner, LLP;
Miami,
FL,
for
R.J. Reynolds Tobacco Co. ■ None reported;

for
Dorsal Tobacco Corp., Tobacco Institute Inc., Council for Tobacco Research-USA Inc. ■ David C. Reeves;
Moseley, Prichard, Parrish, Knight & Jones;
Jacksonville,
FL,
for
R.J. Reynolds Tobacco Co. ■ Giselle Gonzalez Manseur;
Kasowitz, Benson, Torres & Friedman LLP;
Miami,
FL,
for
Liggett Group, LLC, Vector Group Ltd. Inc. ■ Jeffrey A. Yarbrough;
Moseley, Prichard, Parrish, Knight & Jones;
Jacksonville,
FL,
for
R.J. Reynolds Tobacco Co. ■ James B. Murphy Jr.;
Shook, Hardy & Bacon, LLP;
Tampa,
FL,
for
R.J. Reynolds Tobacco Co. ■ Connor Jay Sears;
Shook, Hardy & Bacon, LLP;
Kansas City,
MO,
for
Philip Morris USA Inc. ■ David R. Swaney;
Shook, Hardy & Bacon, LLP;
Kansas City,
MO,
for
Philip Morris USA Inc.

On November 20, 1993, plaintiff Kenneth Kerrivan, 51, was diagnosed with chronic obstructive pulmonary respiratory disease. Kerrivan sued R.J. Reynolds Tobacco Company, Philip Morris USA, Inc., Lorillard Tobacco Company, Liggett Group, LLC, Vector Group, Ltd., Inc., Dorsal Tobacco Corp., Council for Tobacco Research-USA, Inc., The Tobacco Institute, Inc., alleging, as a member of a statewide class action, that his addiction to smoking cigarettes containing nicotine caused his lung disease. Kerrivan claimed he started smoking cigarettes at the age of 14. All of the defendants with exception R.J. Reynolds Tobacco Company and Philip Morris USA, Inc. were dismissed before trial. It was determined that Kerrivan mainly smoked cigarettes manufactured by R.J. Reynolds Tobacco Company and Philip Morris USA, Inc. The case stemmed from the Florida state court class-action case, Engle v. R.J. Reynolds Tobacco Co. In 2000, a jury in Engle 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 action, but allowed potentially thousands of lawsuits to be filed. The plaintiff’s counsel claimed the defendant concealed the health effects of cigarettes and their addictive nature and intentionally targeted teenagers like Kerrivan to take up smoking. The plaintiff’s counsel claimed that 90 percent of daily cigarette smokers start smoking as teenagers and that the tobacco industry targeted youth for this reason. Kerrivan claimed he tried numerous options to quit smoking, including acupuncture, nicotine gum and the patch but was unsuccessful. Kerrivan claimed he was finally able to quit smoking in 2006. Kerrivan claimed he smoked cigarettes that were marketed as safer, filter cigarettes and then light and ultra-light cigarettes, doing just as the cigarette companies asked their customers to do if they were interested in smoking safer cigarettes. The plaintiff’s counsel claimed the truth is that light cigarettes were no safer, and the evidence showed tobacco executives knew that. The plaintiff’s medical experts testified that smoking caused his lung cancer. They further testified that Kerrivan had a primary cancer that originated in his lungs and not elsewhere in his body. The estate’s addiction expert testified that Kerrivan was addicted to cigarettes. Defense counsel denied all of Kerrivan’s claims, contending that he was not addicted to smoking and could have quit at any time. They further claimed that Kerrivan chose to smoke knowing the risks and bore personal responsibility for the consequences of that decision. They also claimed that Kerrivan’s lung disease was not caused by smoking.

Kerrivan alleged that as a result of using the defendants’ products, he suffered from lung disease. Kerrivan requires oxygen from an oxygen tank 24 hours a day. Kerrivan sought to recover damages for past and future medical expenses; and past and future pain and suffering. Kerrivan also sought punitive damages against R.J. Reynolds and Philip Morris.

The jury found that Kerrivan was addicted to cigarettes containing nicotine. It also found that Kerrivan’s addiction to cigarettes containing nicotine produced by R.J. Reynolds and Philip Morris was a legal cause of his chronic obstructive pulmonary respiratory disease. The jury found R.J. Reynolds and Philip Morris negligent. The jury further found that Kerrivan relied to his detriment on a statement(s) made of act(s) done in furtherance of R.J. Reynolds’ and Philp Morris’ agreement with other cigarette manufacturers to conceal or omit material information concerning the health effects and/or addictive nature of smoking cigarettes containing nicotine; which was a legal cause of his aforementioned disease. The jury determined that Kerrivan’s compensatory damages totaled $15.8 million. It also determined that punitive damages were warranted against R.J. Reynolds and Philip Morris. The jury assessed $15.7 million in punitive damages against Philip Morris. It also assessed $9.6 million in punitive damages against R.J. Reynolds. Thus, the total award was $41.1 million.

Kenneth Kerrivan: $25,300,000 Personal Injury: Punitive Exemplary Damages; $15,800,000 Personal Injury: compensatory

Judge:

William G. Young

Trial Length:

3
 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., Lorillard Tobacco Company, Liggett Group, LLC, Vector Group, Ltd., Inc. did not respond to the reporter’s phone calls.