R.J. REYNOLDS TOBACCO COMPANY, APPELLANT,
v.
ALAN KONZELMAN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ELEANOR KONZELMAN, APPELLEE.
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Florida appellate court affirmed that the pre-1999 version of section 768.73 applies to Engle progeny wrongful death cases, but reversed the trial court's reduction of compensatory damages based on comparative fault.
The pre-1999 version of section 768.73, Florida Statutes, applies in Engle progeny personal injury suits converted to wrongful death actions, and trial courts cannot reduce compensatory awards based on comparative fault in such cases.
[1] The pre-1999 version of section 768.73, Florida Statutes, applies to an Engle progeny personal injury suit that is converted into a wrongful death action upon the smoker'…
[2] A trial court errs in reducing compensatory damages based on comparative fault in a wrongful death action arising from smoking-related injuries.
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Join FLexlaw to unlock all legal intelligenceR.J. Reynolds appealed a judgment in a wrongful death case arising from smoking-related injuries, raising issues regarding the applicable punitive dam…
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*135Appellant R.J. Reynolds raises several issues on appeal, and we affirm as to all of them. With regard to the applicable punitive damages statute, we agree with the First and Second District Courts of Appeal in holding that the pre-1999 version of section 768.73, Florida Statutes, applies in an Engle progeny personal injury suit that is converted into a wrongful death action upon the smoker's death. See R.J. Reynolds Tobacco Co. v. Allen for Estate of Allen , 228 So.3d 684, 689-90 (Fla. 1st DCA 2017) ; R.J. Reynolds Tobacco Co. v. Evers , 232 So.3d 457, 462-63 (Fla. 2d DCA 2017) ; see also R.J. Reynolds Tobacco Co. v. Buonomo , 138 So.3d 1049, 1052 (Fla. 4th DCA 2013) (noting that parties did not dispute applicability of pre-1999 version of punitive damages statute), quashed on other grounds sub nom. , 41 Fla. L. Weekly S113, 2016 WL 374082 (Jan. 26, 2016).
With regard to the issue raised on cross-appeal, we find that the trial court erred in reducing the compensatory award based on comparative fault. See Schoeff v. R.J. Reynolds Tobacco Co. , 232 So.3d 294, 305 (Fla. 2017). We therefore reverse and remand for further proceedings consistent with the Florida Supreme Court's opinion.
Affirmed in part, reversed in part, and remanded for further proceedings.
Levine, Conner and Forst, JJ., concur.
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Sheffield v. R.J. Reynolds Tobacco Co., 329 So. 3d 114 (Fla. 2021)
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R.J. Reynolds Tobacco Co. v. Sheffield, 266 So. 3d 1230 (Fla. 5th DCA 2019)
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Philip Morris USA Inc. v. Martin, 262 So. 3d 769 (Fla. 4th DCA 2018)
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Schoeff v. R.J. Reynolds Tobacco Co., 232 So. 3d 294 (Fla. 2017)
- R.J. Reynolds Tobacco Co. v. Buonomo, 138 So. 3d 1049 (Fla. 4th DCA 2013)
- R.J. Reynolds Tobacco Co. & Philip Morris USA Inc. v. Andy R. Allen Sr. FOR the Estate OF Patricia L. Allen, 228 So. 3d 684 (Fla. 1st DCA 2017)
- Nehemie Fontagne v. State, 232 So. 3d 457 (Fla. 2d DCA 2017)
- R.J. Reynolds Tobacco Co. v. Evers, 232 So. 3d 457 (Fla. 2d DCA 2017)
- R.J. Reynolds Tobacco Co. v. Konzelman (Fla. 2d DCA 2018)