R.J. REYNOLDS TOBACCO COMPANY
v.
SANDRA L. MATTSON, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ELEANOR KONZELMAN
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The 1999 amendments to section 768.73, Florida Statutes, apply to Engle progeny wrongful death actions in which the decedent died after October 1, 1999.
[1] The 1999 amendments to section 768.73, Florida Statutes, apply to Engle progeny wrongful death actions where the decedent died after October 1, 1999.
[2] A punitive damage award in an Engle progeny wrongful death action must be determined by applying the amended version of section 768.73, Florida Statutes, if the decedent…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceEleanor Konzelman was a smoker who died; her estate brought a wrongful death action against R.J. Reynolds Tobacco Company as an Engle progeny case. Th…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
PER CURIAM.
In R.J. Reynolds Tobacco Co. v. Konzelman, 248 So. 3d 134 (Fla. 4th DCA 2018), we concluded 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.
In R.J. Reynolds Tobacco Co. v. Mattson, SC18-1550, 2022 WL 500290 (Fla. Feb. 18, 2022)1, our supreme court quashed Konzelman and remanded with instructions for reconsideration upon application of the decision in Sheffield v. R.J. Reynolds Tobacco Co., 329 So. 3d 114 (Fla. 2021). In Sheffield, the supreme court held that the 1999 amendments to section 768.73 apply to Engle progeny wrongful death actions in which the decedent died after October1, 1999.
Based on Sheffield, we reverse and remand to the trial court for application of the amended version of section 768.73 in determining the punitive damage award as required by Sheffield.
Reversed and remanded with instructions. CONNER, C.J., LEVINE and FORST, JJ., concur. * * * No further motions for rehearing shall be permitted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sheffield v. R.J. Reynolds Tobacco Co., 329 So. 3d 114 (Fla. 2021)
- R.J. Reynolds Tobacco Co. v. Konzelman, 248 So. 3d 134 (Fla. 4th DCA 2018)