The widow of a smoker sued R.J. Reynolds Tobacco Company (RJR) seeking damages for her husband’s death. The appeals court upheld a jury verdict finding RJR 50% responsible for the smoker’s death. The appeals court found that the trial court properly applied the findings from the earlier class-action lawsuit (Engle v. Liggett Group, Inc.), which determined that RJR was negligent by failing to exercise reasonable care in the manufacture of its cigarettes and that it was strictly liable by selling defective and unreasonably dangerous cigarettes. Therefore, the appeals court ruled that the widow in this case was only required to prove the remaining elements of legal causation and damages. Because the jury was asked to decide each of those questions individually (e.g., that the plaintiff was addicted to RJR cigarettes, that this addiction caused his death, that the unreasonably dangerous cigarettes caused his death, and that RJR’s negligence was a legal cause of his death), the appeals court found that the trial court properly applied the findings from the class-action decision in Engle.
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.
Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.
A plaintiff’s liability may be limited where she has accepted the risks and consequences of her behavior. The tobacco industry may argue that the dangers of smoking are well known, so liability should be limited.
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"We hold the eighth Engle finding established that: (1) RJR had a duty to exercise
reasonable care which a reasonable cigarette manufacturer would exercise under like circumstances in the manufacture of the brands of cigarettes smoked by the decedent; and (2) RJR breached that duty. As with the strict liability claim, post- Engle plaintiffs are not required to reprove specific tortious conduct, i.e. that Tobacco committed particular negligent acts when asserting a negligence claim... Mrs. Brown was required to prove legal causation, comparative fault, and damages. The trial court correctly instructed the jury and submitted the questions of legal causation as it related to the negligence claim and damages to the jury. The jury then found that RJR's negligence was a legal cause of Mr. Brown's death; that Mr. Brown was 50% at fault, and determined damages. We find no error."
"We hold that the third Engle finding conclusively establishes the conduct portion of a strict liability claim in post- Engle actions, i.e. that RJR placed defective and unreasonably dangerous cigarettes on the market. Post- Engle plaintiffs need not reestablish that cigarettes manufactured by an Engle defendant are defective as that conduct element was determined. Moreover, the defective cigarettes manufactured by RJR were the same brands smoked by Mr. Brown... Here, Mrs. Brown was required to prove the remaining elements of her strict liability claim, i.e. legal causation and damages. Moreover, the trial court correctly instructed the jury on legal causation as it related to the claim, and submitted the relevant question to the jury. The jury found that the defective and unreasonably dangerous cigarettes manufactured by RJR were a legal cause of Mr. Brown's death. Accordingly, we find no error on the strict liability claim."
"After viewing the expert and lay testimony collectively, we hold sufficient evidence existed for a jury to conclude Mr. Brown was addicted to RJR cigarettes containing nicotine, and that this addiction was the legal cause of his death."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
The widow of a smoker sued R.J. Reynolds Tobacco Company (RJR) seeking damages for her husband’s death. The appeals court upheld a jury verdict finding RJR 50% responsible for the smoker’s death. The appeals court found that the trial court properly applied the findings from the earlier class-action lawsuit (Engle v. Liggett Group, Inc.), which determined that RJR was negligent by failing to exercise reasonable care in the manufacture of its cigarettes and that it was strictly liable by selling defective and unreasonably dangerous cigarettes. Therefore, the appeals court ruled that the widow in this case was only required to prove the remaining elements of legal causation and damages. Because the jury was asked to decide each of those questions individually (e.g., that the plaintiff was addicted to RJR cigarettes, that this addiction caused his death, that the unreasonably dangerous cigarettes caused his death, and that RJR’s negligence was a legal cause of his death), the appeals court found that the trial court properly applied the findings from the class-action decision in Engle.