R.J. Reynolds Tobacco Co. asked Florida’s Third District Court of Appeal to overturn a $34.5 million wrongful death verdict awarded to the widow of a smoker who died at age 38, arguing the plaintiff failed to prove the smoker relied on any fraudulent statements by the company regarding the health risks of cigarettes. Reynolds contends Florida Supreme Court precedent requires Engle-progeny plaintiffs pursuing fraud-based claims to demonstrate reliance on specific misleading statements, and that the evidence presented at trial did not meet that standard.
The appeal is the latest in a series of post-Engle tobacco cases in Florida, where cigarette manufacturers continue to challenge large jury awards on issues including fraud, jury instructions, and comparative fault. Recent appellate decisions have shown Florida courts closely scrutinizing whether trial courts properly instructed juries and whether plaintiffs satisfied the evidentiary requirements for fraudulent concealment claims, making the outcome of the appeal potentially significant for future Engle litigation.
