Damages thrown out

A Florida appeals court Wednesday overturned a $7.1 million verdict against Philip Morris USA and ordered a new trial, according to a report in Orlando Weekly.

Michael Gentile filed a wrongful-death lawsuit on May 12, 2015 against PM USA after his wife, Brenda, died of lung cancer following decades of smoking at least a pack of cigarettes—primarily PM USA’s Virginia Slims brand—per day.

A jury sided with Gentile and awarded $7.1 million in compensatory damages. But Philip Morris argued that Gentile had not proven fraud occurred in the 12 years before the lawsuit was filed, as is required by state law.

The appeals court agreed, pointing to admissions by Philip Morris as early as 1999 that cigarettes were highly addictive and that smokers should not assume “light” and “ultra-light” brands, such as the cigarettes smoked by Brenda Gentile, were safe.