R.J. REYNOLDS TOBACCO COMPANY AND PHILIP MORRIS USA, INC.
v.
MYRON KAPLAN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SHEILA KAPLAN
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The Fourth District Court of Appeal reversed its prior decision and held that the 1999 amendments to Florida's punitive damages statute (section 768.73) apply to wrongful death actions arising from Engle progeny tobacco litigation where the decedent died after October 1, 1999, following the Florida Supreme Court's decision in Sheffield v. R.J. Reynolds Tobacco Co.
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, governing punitive damages apply to Engle progeny wrongful death actions in which the decedent died after October…
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Join FLexlaw to unlock all legal intelligenceSheila Kaplan died from smoking-related illness. Her estate, represented by Myron Kaplan, brought a wrongful death action against R.J. Reynolds Tobacc…
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PER CURIAM.
In R.J. Reynolds Tobacco Co. v. Kaplan (Kaplan I), 321 So. 3d 267 (Fla. 4th DCA 2021), we affirmed as to R.J. Reynolds’ argument that punitive damages were barred by section 768.73, Florida Statutes, based on our previous decision in R.J. Reynolds Tobacco Co. v. Konzelman, 248 So. 3d 134 (Fla. 4th DCA 2018). 321 So. 3d at 269 n.1. In Konzelman, we concluded that the pre-1999 version of section 768.73, Florida Statutes, applies in an Engle1 progeny personal injury suit that is converted into a wrongful death action upon the smoker’s death. 248 So. 3d at 135.
In R.J. Reynolds Tobacco Co. v. Kaplan (Kaplan II), SC21-1029, 2022 WL 500293 (Fla. Feb. 18, 2022), our supreme court quashed Kaplan I and remanded with instructions for reconsideration upon application of its decision in Sheffield v. R.J. Reynolds Tobacco Co., 329 So. 3d 114 (Fla. 2021). In Sheffield, our supreme court disapproved of our decision in Konzelman and held that the 1999 amendments to section 768.73 apply to Engle progeny wrongful death actions in which the decedent died after October1, 1999. 329 So. 3d at 125.
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., FORST and KLINGENSMITH, JJ., concur.
* * *
No further motions for rehearing shall be permitted.
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Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Howard A. Engle, M.D. v. Liggett Grp., Inc., 945 So. 2d 1246 (Fla. 2006)
- Sheffield v. R.J. Reynolds Tobacco Co., 329 So. 3d 114 (Fla. 2021)