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Eastman v. Brown & Williamson Tobacco Corp.

(Personal injury FL 2nd Dist Ct of App 1998 Pltf Paid) Citation: 888 So.2d 34 (Table) (Fla.App. 2 Dist. 2004)

This individual personal injury suit was filed by John F. Eastman against Brown & Williamson, individually and as successor to American Tobacco Co., and Philip Morris on February 17, 1998.
The plaintiff alleged that the defendants were responsible for his emphysema and aortic aneurysm. He became a regular smoker in 1946 and smoked Lucky Strike, Pall Mall, Camel and Philip Morris cigarettes. He had a history of testicular cancer in 1961 and chronic obstructive pulmonary disease (COPD) in June, 1995. The plaintiff claimed failure to warn, and design defect.
The defendant asserted the defense of contributory fault.
The case was heard in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida (Circuit Civil Case No. 97-5968-CI-11) before the Honorable Anthony Rondolino. The jury returned a verdict for the plaintiff consisting of $3.25 million in compensatory damages ($650,000 assigned to Brown & Williamson, $2.6 million to Philip Morris) on April 3, 2003. This amount was after taking into consideration the plaintiff's 50% fault. The jury denied the plaintiff punitive damages. The judge awarded $830,000 in fees to the plaintiff's attorneys.
The Florida Second District Court of Appeal affirmed the verdict per curiam on May 7, 2004 (888 So.2d 34 (Table)). The defendants paid the plaintiff $1.2 million. Philip Morris paid its portion on October 29, 2004.


Synonyms

   Eastman v. Brown & Williamson To
   Eastman v. Brown and Williamson