Products Liability Law Reporter

Smoker John Tuttle became addicted to cigarettes. He later died of bladder, laryngeal, and pharyngeal cancers. He is survived by his wife and two adult children.

Tuttle’s estate brought an Engle progeny suit against Philip Morris USA, Inc., alleging negligence, strict liability, civil conspiracy, breach of warranty, and fraudulent concealment. Among other things, the plaintiff asserted that the defendant’s cigarettes were defective in design in that they delivered excessive nicotine and lacked product information data sheets.

The jury awarded the estate $850,000. The jury apportioned fault at 45% to Tuttle and 35% percent to R.J. Reynolds.

Citation: Tuttle v. Philip Morris USA Inc., No. 08CA402-MXXX (Fla. Cir. Ct. Duval Cty. Aug. 24, 2022).

Plaintiff counsel: AAJ members Rodney W. Smith and Dawn M. Vallejos-Nichols, both of Gainesville, Fla.; Jay Plotkin, Richard Lantinberg, Norwood Wilner, and Stephanie Hartley, all of Jacksonville, Fla.; AAJ member Thomas J. Seider and AAJ member Celene H. Humphries, both of Tampa, Fla.; Christina J. Opsahl, Saint Augustine, Fla.; Phillip T. Howard, Tallahassee, Fla.; Miguel Amador, Fort Lauderdale, Fla.; and Jaakan A. Williams, Williston, N.D.