A Florida court of appeals tossed out a multi-million dollar award against Philip Morris USA while upholding the cigarette maker’s liability, the Sun-Sentinel reported.
Lucinda Naugle was awarded USD 244 million (EUR 187 million) in punitive damages in 2009, which later was reduced to USD 36.8 million by a judge who said the original jury’s decision was based on passions, the newspaper said on its website. The suit is a so-called Engle case because it stems from a Florida Supreme Court ruling in 2006 that tossed out a class-action award against tobacco companies in a case originally brought by Howard Engle, a deceased state resident.
Tossing out the Engle class-action suit, the high court said individuals have a right to file personal claims, which resulted in approximately 7,000 filings against tobacco companies.
The 4th District Court of Appeal in West Palm Beach set aside the reduced award in a ruling that stated monetary damages could have been completely set aside, but not reduced. A new jury will consider the monetary award, the Sun-Sentinel reported. (pi)