Barbanell v. R.J. Reynolds

Summary

Engle Progeny tobacco liability wrongful death jury trial in Broward County Circuit Court's complex litigation division.

Shirley Barbanell died after smoking two packs of cigarettes per day for 50 years. Barbanell allegedly attempted to quit smoking but did not succeed. The plaintiff, Barbanell's husband, contended that Barbanell was addicted to tobacco and that the addiction was partly responsible for Barbanell's death, which allegedly resulted from lung cancer or emphysema, as evidenced by the tumor in her chest.

The defendant contended that Barbanell died of liver cirrhosis, not lung cancer or emphysema, and Barbanell's death did not result from smoking.

After Phase 1 of the trial, the jury found that Barbanell was in fact addicted to cigarettes, and the addiction was the legal cause of her death from lung cancer.

After Phase 2 of the trial, the jury assigned 36.5% fault to the defendant, and 63.5% of the fault to Barbanell. Damages were found to be $5,339,198.

Outcome

Fault: 36.5%- Philip Morris 63.5%- Plaintiff
Damages: 5,339,198.00