Products Liability Law Reporter

Jay Morse began smoking at the age of 12. By 1953, at the age of 27, he smoked between 40 and 50 cigarettes a day and continued to do so for the rest of his life. Morse, who was never able to quit smoking despite multiple attempts, died of smoking-related lung cancer at age 69. He is survived by his wife and children.

Morse’s wife, on behalf of his estate, sued R.J. Reynolds Tobacco Co., alleging that Morse had been addicted to cigarettes and that this led to his lung cancer and death. The plaintiff also claimed that the defendant had concealed the health effects or addictive nature of smoking cigarettes and that this also led to his smoking-related death. The defense argued that although Morse had been well aware of the health threats posed by smoking, he chose to continue smoking. In response, the plaintiff’s counsel presented evidence illustrating the physiology of addiction, the alleged lengths to which the defendant went to conceal facts about nicotine addiction and smoking’s health risks—including advertising and public relations campaigns—and the defendant’s alleged conspiracy with other cigarette industry leaders.

The jury awarded $5 million, finding Morse 30% at fault.

Citation: Morse v. R.J. Reynolds Tobacco Co., No. 08-CA-6848 (Fla. Cir. Ct. Brevard Cty. Nov. 16, 2021).

Plaintiff counsel: Philip Freidin, Whitney Untiedt, and Lara Dabdoub, all of Miami.

Comment: See also In re: Engle Progeny Cases Tobacco Litig., No. 07-CA-14667 (Fla. Cir. Ct. Hillsborough Cty. Jan. 21, 2022), in which a jury found that Joseph Rutkowski was addicted to cigarettes and that this caused his bladder cancer. The jury awarded over $5.01 million, finding Rutkowski 10% responsible. The jury also found that concealment or omission of material information about the health effects or addictive nature of smoking cigarettes by R.J. Reynolds or any of its predecessors was the legal cause of Rutkowski’s cancer and that a $5 million punitive damages award was warranted. The plaintiffs were represented by AAJ member Gary Paige, Palm Beach Gardens, Fla.; AAJ member Cassandra C. Lombard, Davie, Fla.; AAJ member James W. Gustafson, Tallahassee, Fla.; and Hendrick Uiterwyk, Anna Frederiksen-Cherry, AAJ member Celene Humphries, AAJ member Maegen Peek Luka, and AAJ member Thomas Seider, all of Tampa, Fla.