Caprio v. Philip Morris

Summary

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.