Plaintiff started smoking when she was 10-years-old in 1939. Now, the 82-year-old smoker has been diagnosed with COPD and laryngeal cancer. The case is the progeny of Engle v. R.J. Reynolds, where a Florida jury determined cigarettes cause illnesses and ordered a $145 billion award to sick smokers. Plaintiff sued the tobacco manufacturer alleging that it concealed the dangers of smoking from the public. Plaintiff's expert historian determined that the tobacco company knew of the dangers in 1955. Plaintiff's counsel argued that plaintiff was addicted to cigarettes and has been unsuccessful in quitting four times. Defense contends that plaintiff smoked because she enjoyed it, and the four brief attempts to quit were not serious. Thus, the choice to return to smoking was the plaintiff's and not because she was addicted to nicotine, which is out of your body's system within 72 hours once you stop smoking.
VERDICT: $3,551,277. (The jury found the plaintiff 70% liable and the defendant 30% liable, which reduced the award to $1,065,383.10 based on comparative negligence.)
Julie A. Reese v. R.J. Reynolds Tobacco Company (Miami-Dade County, Florida, Case no. 2007-030296-CA-24).