In this Engle progeny tobacco case, plaintiff claims defendant tobacco manufacturers conspired to hide the dangers of smoking cigarettes while furthering an addiction that caused a smoking-related illness.
Outcome
The jury rendered a partial verdict, with motions for mistrial to be addressed in post-verdict proceedings.
The jury's verdict:
* Found Ed Caprio was addicted to cigarettes containing nicotine and that such addiction was the legal cause of his COPD.
* Found that smoking cigarettes manufactured by Philip Morris, R.J. Reynolds, and Lorillard was the legal cause of Caprio's COPD.
* Apportioned liability as follows:
Philip Morris USA Inc.: 25% R.J. Reynolds Tobacco Co.: 20% Lorillard Tobacco Co.: 10% Liggett Group LLC: 5% Edward Caprio: 40%
* Awarded $559,172 for plaintiff's medical expenses, lost earnings, and loss of earning capacity.
* Failed to reach agreement regarding concealment questions, entitlement to punitive damages, or an award of attorney fees.