Caprio v. Philip Morris

VERDICT

Trial
01/28/15 – 02/24/15

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.

Case Information
Attorneys
Witnesses
Plaintiff
Defense
Verdict
$559,172
Judge
Thomas Lynch
Jurisdiction
17th Judicial Circuit of Florida
Court
Judicial Complex
Case Number
2007-CV-036719 (19)
Industry
Tobacco
Practice Area
Tobacco
Plaintiff
Caprio, Edward
Defense
Philip Morris Tobacco Co
Defense
Lorillard Tobacco Co
Defense
R.J. Reynolds Tobacco Co.
Defense
Liggett Group Inc.
Expert Witnesses
Lay Witnesses

Sessions

JAN
28
JAN
29
FEB
3
FEB
4
FEB
5
FEB
9
FEB
10
FEB
11
FEB
12
FEB
16
FEB
17
FEB
18
FEB
19
PM Session
Closings
3 Chapters
FEB
20
PM Session
Other
3 Chapters
FEB
23
FEB
24

Recording Disclaimer: This proceeding was recorded in full except noted sections that were not recorded.

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