French v. Philip Morris Inc.

In a case arising from a settlement agreement between a class of flight attendants and several tobacco companies, a jury awarded an individual flight attendant $5.5 million in damages, finding that exposure to second-hand smoke at her workplace caused her to develop chronic sinusitis. Upon consideration of defendants' motions to set aside the jury verdict, the Court reaffirmed its interpretation of the burden-shifting stipulations contained in the settlement agreement as requiring individual plaintiffs to prove only causation when prosecuting individual claims for damages. The Court's interpretation rendered proof of all other elements of plaintiffs' claims unnecessary. The Court further held that the apportionment of damages to the defendants according to their relative market shares was appropriate, but reduced the damages award to $500,000.

French v. Philip Morris Incorporated, et al., Case No. 00-01706 CA 22, Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida, General Jurisdiction Division (2002).

  • United States
  • Sep 1, 2002
  • Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida, General Jurisdiction Division

Parties

Plaintiff Lynn French

Defendant

  • Brown & Williamson Tobacco Corp., Individually and as Successor to the American Tobacco Company
  • Lorillard Tobacco Co.
  • Philip Morris Incorporated ("Philip Morris U.S.A.")
  • R.J. Reynolds Tobacco Company

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"Plaintiff’s counsel’s description that “Lynn French wakes each day to a sea of painful and debilitating maladies caused by cigarettes smoke” is, most respectfully, his own invention. He adds to the symptoms actually reported by the plaintiff and her doctor, as described above, those discussed by other witnesses as possible symptoms and complications of sinusitis, such as life threatening orbital abscesses and asthma. There was no evidence that the plaintiff had such symptoms, was likely to develop them, or was even fearful of developing them. In view of the evidence of the plaintiff’s pain and suffering, the award of 5.5 million dollars is, indeed, shocking. Plaintiff’s counsel attempts to equate the condition of Ms. French to the condition of plaintiffs in cases he claims present “comparable injuries” and in which the courts have found that a remittitur of multimillion dollar awards was improper. The case plaintiff cites as “most on point” is Oakes v. Pittsburgh Corning Corp., 546 So. 2d 427 (3d DCA 1989). If the only evidence in Oakes, were as described in plaintiff’s submission, that the plaintiff suffered from “shortness of breath and coughing spells,” certainly a remittitur of the award of 2.5 million dollars would have been upheld on appeal. However, as set forth in the Third District’s opinion, the evidence of Mr. Oakes’ suffering was overwhelming. It is not remotely comparable to the evidence in our case."