Products Liability Law Reporter

Beginning when he was 15, Danny Miller smoked cigarettes manufactured by R.J. Reynolds Tobacco Co., Philip Morris USA Inc., and Liggett Group LLC. He smoked Pall Mall, Cambridge, and other brands. He became addicted to smoking and died of lung cancer at age 49. Miller was survived by his wife, who subsequently died, and his two daughters.

Miller’s estate brought a tobacco liability suit against R.J. Reynolds Tobacco Co., asserting that Miller’s addiction to cigarettes was the legal cause of his lung cancer and death. The defense asserted that Miller’s lung cancer and death were attributable to his own negligence.

The jury awarded the plaintiff $2.2 million. The jury apportioned liability at 75% to Miller, 15% to R.J. Reynolds Tobacco Co., 7% to Philip Morris USA Inc., and 3% to Liggett Group LLC.

Citation: Miller v. R.J. Reynolds Tobacco Co., No. 07-10298 CA 31 (Fla. Cir. Ct. Miami-Dade Cnty. Sept. 30, 2022).

Plaintiff counsel: Richard J. Diaz, Coral Gables, Fla.

Plaintiff experts: Louis Kyriakoudes, tobacco and cigarette history, Murfreesboro, Tenn.; Luis Villa, oncology, Coral Gables; David Drobes, addiction, Lutz, Fla.; Frederick Raffa, economy, Orlando, Fla.; and Harris Sachs, oncology, Fort Myers, Fla.

Defense experts: Daphne Dorce, behavioral health, Wellington, Fla.; Klaus Moeltner, economics, Blacksburg, Va.; and Richard Jupe and Timothy Sherwood, cigarette design, and Jason Flora, cigarette regulation, all of Richmond, Va.