Emmon Smith, a Marianna minister started smoking
at age 13 in 1944. He tried numerous times
to quit but was unsuccessful until 1992 when he was diagnosed with lung cancer,
had his left lung removed and was advised by his doctors that smoking had
caused his disease. Mr. Smith filed the
lawsuit in 2009 as an Engle progeny
case named for a disbanded statewide class action named after a Miami Beach
pediatrician who was the lead plaintiff in the class action 2007 lawsuit filed
in Miami-Dade Circuit Court. He filed
the lawsuit on the grounds that he was addicted
and diagnosed with a smoking-related disease.
Tobacco companies have known since 1953 of a causal
relationship between smoking and lung disease but did not acknowledge a
connection until 2000.
The jury, in deciding compensatory damages, decided that
Mr. Smith was addicted and R. J. Reynolds was negligent. Mr. Smith was assigned 30 percent of the
fault, leaving R. J. Reynolds liable for $7 million of a $10 million award for
compensatory damages. In a second phase
dealing with punitive damages, the jury awarded him $20 million for a total award
of $27 million.
The plaintiff trial team was led by criminal defense
attorney Rick Diaz, in his first tobacco trial. Joining him were J.B. Harris,
Robert Trammell, Don Fitzgerald from Crabtree & Associates, Carlos
Santisteban Jr., associate Daryl Bloomberg and paralegal Janine Montes, both
from Ratzan Law Group. R.J. Reynolds was
represented by Jones Day.
Richard J. Diaz, PA
is a law firm in Coral Gables, Florida focusing on the federal practice of criminal
defense. For additional information call
(305) 444-7181 or email liz@rjdpa.com.
Ratzan Law Group
Ratzan Law Group, PA is a boutique trial practice that is dedicated to
giving a powerful voice to those who would otherwise have none. It champions its clients’ cases against
powerful interests, including insurance companies, hospitals, manufacturers,
doctors and
corporations. The
firm focuses its practice on medical malpractice, product liability and
commercial trials. For additional information, call (305) 374-6366 or log on to www.ratzanlawgroup.com.
J.B. Harris, PA is a law firm in Miami,
Florida focusing on personal injury and commercial litigation. For additional information call (786) 303-8333 or email jbharrisesq@hotmail.com.
Crabtree & Associates is a law firm
in Key Biscayne, Florida focusing on appellate work and class action
litigation. For additional information call (305) 361-3770 or email info@crabtreelaw.com.
Robert D. Trammell, Esq. practices law
in Tallahassee and Marianna, Florida with the Saunders Law Firm. For additional
information call (850) 510-2187 or
email trammellrobert@rocketmail.com.
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