Schoeff v. R.J. Reynolds Tobacco Co.

The comparative fault statute, Fla. Stat. 768.81, does not apply to Engle progeny cases in which the jury finds for the plaintiff on intentional torts such that the compensatory damage awards in those cases are not subject to reduction.The instant case was an Engle progeny case. Plaintiff filed suit against Defendant. The jury found that Plaintiff was a member in the Engle class because her husband died from lung cancer caused by his addiction to cigarettes and awarded Plaintiff $10.5 million in compensatory damages and $30 million in punitive damages. The trial court reduced the jury’s compensatory award by Plaintiff’s husband’s comparative fault and entered final judgment awarding Plaintiff $7.87 million in compensatory damages and $30 million in punitive damages. The court of appeal concluded that the punitive damages award was unconstitutionally excessive and rejected Plaintiff’s cross-appeal regarding the trial court’s reduction of compensatory damages, finding that Plaintiff had waived the intentional tort exception by arguing comparative fault of the smoker to the jury. The Supreme Court quashed the decision below, holding (1) Plaintiff did not waive the intentional tort exception; (2) the punitive damages award was constitutional; and (3) the trial court did not abuse its discretion in denying Defendant’s motion for remittitur. View "Schoeff v. R.J. Reynolds Tobacco Co." on Justia Law