Products Liability Law Reporter

Verdicts & Settlements: Tobacco

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Jury awards damages for smoker’s lung cancer death

May 9, 2023

Fernando Rey began smoking cigarettes, including unfiltered Camel cigarettes, as a teenager. He continued smoking for over 30 years and was diagnosed with lung cancer. Six months later, he died. Rey, 47, is survived by his wife and three children.

Rey’s children brought an Engle progeny suit against R.J. Reynolds Tobacco Co., alleging that Rey was addicted to cigarettes containing nicotine and that this addiction was the legal cause of his lung cancer and death.

The jury awarded $13.5 million, finding Rey 40% at fault.

Citation: Rey v. R.J. Reynolds Tobacco Co., No. 07-46340 CA 27 (Fla. Cir. Ct. Miami-Dade Cnty. Apr. 4, 2023).

Plaintiff counsel: Nick Reyes, Alex Alvarez, AAJ member Xavier Navarro, and AAJ member Phillip Holden, all of Coral Gables, Fla.; and Randy Rosenblum, Miami.

Plaintiff experts: Robert Proctor, tobacco history, Palo Alto, Calif.; David Drobes, nicotine addiction, Tampa, Fla.; and Luis Villa, Miami.