Oliva v. R.J. Reynolds Tobacco

Summary

In this Engle progeny tobacco litigation proceeding, plaintiff Allen Olivia alleged Philip Morris Tobacco Co of fraudulent concealment of dangers of smoking cigarettes manufactured by the company which led the plaintiff to get addicted to smoking at age 15. The plaintiff also alleged the company of manufacturing defective cigarettes which caused the plaintiff chronic obstructive pulmonary disease (COPD). At the time of the trial the plaintiff was suffering from end stage emphysema.

The defense characterized Mr. Oliva as a willing smoker who was not risk-averse. In addition, the defense asserted that Mr. Oliva's lawsuit was time-barred because he should have known that he had a smoking-related illness prior to May 5, 1990.

The plaintiff was represented by attorney Adam Trop. The defendant in this case, Philip Morris Tobacco Co was represented by attorney William Geraghty.

The jury found that Mr. Oliva was addicted to cigarettes containing nicotine, but the addiction was not a legal cause of Mr. Oliva's chronic obstructive pulmonary disease.

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Outcome

Found for the defense

Case Information

Attorneys

Witnesses

Plaintiff: Oliva, Allen
Defense: Philip Morris Tobacco Co

Judge: Aaron Bowden
Jurisdiction: 4th Judicial Circuit of Florida
Court: Clay County Court

Case Number: 2008-CA-001299
Industry: Tobacco
Practice Area: Tobacco, Products Liability, Toxic Torts, Negligence, Tort Law

Plaintiff

Oliva, Allen

Represented By:
Trop, Adam (Paige, Trop & Ameen, P.A.)

Defense

Philip Morris Tobacco Co

Represented By:
Geraghty, William "Bill" (Shook, Hardy & Bacon LLP)

Expert Witnesses

Lay Witnesses

Sessions

Attorney

Witness

Type

Description

AM Session

Openings

5 Chapters

	Description	Attorney
00:00:00	General Case Activities
00:24:32	Opening Statement	Trop, Adam
01:22:22	Break
01:48:48	Opening Statement	Belasic, Mark
02:49:25	End of Session

PM Session

Openings

9 Chapters

MAR

AM Session

Plaintiff Witness(es)

4 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Direct Examination	Trop, Adam	Proctor, Dr. Robert , Ph.D.	In Person
00:50:55	Break
01:19:03	Witness Direct Examination	Trop, Adam	Proctor, Dr. Robert , Ph.D.	In Person
02:56:02	End of Session

PM Session

Plaintiff Witness(es)

7 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Cross Examination	Belasic, Mark	Proctor, Dr. Robert , Ph.D.	In Person
01:08:10	Break
01:26:28	Witness Cross Examination	Belasic, Mark	Proctor, Dr. Robert , Ph.D.	In Person
02:26:19	Break
02:40:35	Witness Cross Examination	Geraghty, William "Bill"	Proctor, Dr. Robert , Ph.D.	In Person
03:08:38	Witness Re-Direct Examination	Trop, Adam	Proctor, Dr. Robert , Ph.D.	In Person
03:17:24	End of Session

MAR

AM Session

Plaintiff Witness(es)

9 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Direct Examination	Trop, Adam	Stephens, Dr. Anthony	In Person
00:28:13	Witness Cross Examination	Geraghty, William "Bill"	Stephens, Dr. Anthony	In Person
01:17:48	Witness Re-Direct Examination	Trop, Adam	Stephens, Dr. Anthony	In Person
01:27:24	Witness Re-Cross Examination	Geraghty, William "Bill"	Stephens, Dr. Anthony	In Person
01:30:54	Break
01:54:57	Witness Direct Examination	Weinstein, Judith	Oliva-Grundy, Gina	In Person
02:11:04	Witness Cross Examination	Jacobs, Amanda	Oliva-Grundy, Gina	In Person
02:14:57	Witness Cross Examination	Bradford, Dan	Oliva-Grundy, Gina	In Person
02:18:27	End of Session

PM Session

Plaintiff Witness(es)

3 Chapters

MAR

AM Session

Plaintiff Witness(es)

8 Chapters

PM Session

Plaintiff Witness(es)

9 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Direct Examination	Weinstein, Marvin	Coots, Dr. Lawrence	In Person
00:29:05	Witness Cross Examination	Geraghty, William "Bill"	Coots, Dr. Lawrence	In Person
00:35:46	Witness Re-Direct Examination	Weinstein, Marvin	Coots, Dr. Lawrence	In Person
00:36:26	General Case Activities
00:37:53	Witness Direct Examination	Weinstein, Judith	Oliva, Mary	In Person
00:50:41	Witness Cross Examination	Geraghty, William "Bill"	Oliva, Mary	In Person
01:10:54	Break
01:52:03	General Case Activities
01:53:36	End of Session

MAR

AM Session

Defense Witness(es)

4 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Direct Examination	Trop, Adam	Oliva, Allen	In Person
00:43:30	Break
01:01:04	Witness Cross Examination	Belasic, Mark	Oliva, Allen	In Person
02:38:37	End of Session

PM Session

Defense Witness(es)

9 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Cross Examination	Belasic, Mark	Oliva, Allen	In Person
01:06:05	Break
01:22:56	Witness Cross Examination	Belasic, Mark	Oliva, Allen	In Person
02:06:43	Witness Cross Examination	Geraghty, William "Bill"	Oliva, Allen	In Person
02:36:49	Break
02:55:56	Witness Re-Direct Examination	Trop, Adam	Oliva, Allen	In Person
03:38:34	Witness Re-Cross Examination	Belasic, Mark	Oliva, Allen	In Person
03:47:59	Witness Re-Cross Examination	Geraghty, William "Bill"	Oliva, Allen	In Person
03:54:32	End of Session

MAR

AM Session

Defense Witness(es)

7 Chapters

PM Session

Defense Witness(es)

9 Chapters

MAR

AM Session

Closings

5 Chapters

PM Session

Closings

8 Chapters

MAR

AM Session

Verdict

4 Chapters

MAR

Recording Disclaimer: This proceeding was recorded in full.

Oliva v. R.J. Reynolds Tobacco

Summary

Outcome

Sessions

Suggest a Trial

CVN Essentials

Video Library

	Description	Witness	Presence
00:00:00	Witness Direct Examination	Burns, Dr. David , M.D.	Video Recording
00:53:51	Witness Cross Examination	Burns, Dr. David , M.D.	Video Recording
01:26:21	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:01:17	Witness Direct Examination	Trop, Adam	Miranda, Maria	In Person
00:57:43	Witness Cross Examination	Geraghty, William "Bill"	Miranda, Maria	In Person
01:19:03	Break
01:37:07	Witness Cross Examination	Geraghty, William "Bill"	Miranda, Maria	In Person
02:21:00	Witness Re-Direct Examination	Trop, Adam	Miranda, Maria	In Person
02:45:04	Witness Re-Cross Examination	Geraghty, William "Bill"	Miranda, Maria	In Person
02:47:12	End of Session

	Description	Witness	Presence
00:00:00	General Case Activities
00:03:57	Witness Direct Examination	Quidachay, Philip	Transcript Reading
00:26:20	Witness Cross Examination	Quidachay, Theresa	Transcript Reading
00:30:55	General Case Activities
00:33:25	Break
01:06:28	General Case Activities
02:03:28	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:01:16	Witness Direct Examination	Belasic, Mark	Bernstein, Dr. Lawson M.D., P.C.	In Person
01:01:38	Break
01:23:14	Witness Direct Examination	Belasic, Mark	Bernstein, Dr. Lawson M.D., P.C.	In Person
01:40:42	Witness Cross Examination	Trop, Adam	Bernstein, Dr. Lawson M.D., P.C.	In Person
02:48:41	Break
03:07:57	Witness Cross Examination	Trop, Adam	Bernstein, Dr. Lawson M.D., P.C.	In Person
03:21:42	Witness Re-Direct Examination	Belasic, Mark	Bernstein, Dr. Lawson M.D., P.C.	In Person
03:28:00	End of Session

	Description	Attorney
00:00:00	General Case Activities
00:02:51	Closing Statement	Trop, Adam
01:27:18	Break
01:47:35	Closing Statement	Belasic, Mark
02:56:17	End of Session

			Description	Attorney	Witness	Presence
		00:00:00	General Case Activities
		00:00:49	Reading of the Verdict
		00:01:32	General Case Activities
		00:03:06	End of Session