Plaintiff awarded $21 million by Engle progeny jury

After more than two days of deliberations, a jury has awarded Diane Schleider $21 million in her Engle progeny wrongful death suit against tobacco manufacturer R.J. Reynolds Tobacco, according to a Courtroom View Network (CVN) story.  

In giving its verdict, which rejected a claim for punitive damages, the jury apportioned 70 percent of the responsibility for Andrew Schleider’s death from lung cancer to Reynolds and 30 percent to Andrew Schleider.

Andrew Schleider, a smoker of Reynolds-brand cigarettes for decades, died of cancer in 1997, leading Dianne to sue Reynolds, claiming the company’s concealment of smoking’s dangers led to her husband’s nicotine addiction and ultimately caused his cancer.

The CVN story explained that Engle progeny cases arise from a 2006 Florida Supreme Court decision decertifying Engle v. Liggett Group Inc., a class action suit originally filed in 1994.

‘Although the state’s supreme court ruled Engle cases must be tried individually, it found qualifying Engle progeny plaintiffs could rely on certain jury findings in the original case, including that tobacco companies sold a dangerous, addictive product,’ CVN said.

‘However, to qualify for the Engle findings, plaintiffs must establish that they are members of the class, which includes proving manifestation of a smoking-related disease by November 21, 1996.’