R.J. REYNOLDS TOBACCO CO.
v.
JOAN SCHOEFF, ETC.
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A trial court may not reduce a compensatory damage award by the plaintiff's comparative fault in a tobacco liability case when the supreme court has determined such reduction was improper.
[1] In a products liability action, a trial court must not reduce a compensatory damage award based on a plaintiff's comparative fault when the Florida Supreme Court has dete…
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Join FLexlaw to unlock all legal intelligenceJames Edward Schoeff died, and his personal representative brought a products liability action against R.J. Reynolds Tobacco Company. The jury awarded…
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DAMOORGIAN, J.
This matter is before us on remand from the Supreme Court of Florida following its decision in Schoeff v. R.J. Reynolds Tobacco Co., 42 Fla. L. Weekly S951 (Fla. Dec. 14, 2017), quashing our decision in R.J. Reynolds Tobacco Co. v. Schoeff, 178 So. 3d 487 (Fla. 4th DCA 2015). In accordance with the supreme court’s mandate, we reverse the final judgment and, on remand, direct the trial court to vacate its order reducing the jury’s compensatory damage award by Mr. Schoeff’s comparative fault before entering a new final judgment.
Reversed and remanded.
TAYLOR and MAY, JJ., concur. * * *
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Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Schoeff v. R.J. Reynolds Tobacco Co., 232 So. 3d 294 (Fla. 2017)
- R.J. Reynolds Tobacco Co. v. Schoeff, 178 So. 3d 487 (Fla. 4th DCA 2015)