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Jury Finds R.J. Reynolds Liable for Longtime Cigarette Smoker’s COPD, Death
August/September 2019Dorothy Durrance began smoking cigarettes when she was 16 years old. For several decades, she continued smoking up to three packs a day of various brands of cigarettes, including Lucky Strike, Camel, and Winston, until she was able to quit smoking.
When Durrance was in her 70s, she was diagnosed as having chronic obstructive pulmonary disease (COPD). She lived with her illness until her death eight years later. She is survived by her two adult children.
Durrance’s children brought an Engle progeny suit against R.J. Reynolds Tobacco Co. and Philip Morris USA, Inc. The plaintiffs alleged that Durrance had been addicted to cigarettes and that this led to her COPD and subsequent death.
The plaintiffs reached a settlement with Philip Morris before trial. The jury awarded $3.75 million, finding R.J. Reynolds 40% responsible. The award includes $3.25 million in punitive damages.
Citation: Jones v. R.J. Reynolds Tobacco Co., No. 2008-CA-009036 (Fla. Cir. Ct. Hillsborough Cnty. May 16, 2019).
Plaintiff counsel: AAJ member James W. Gustafson, Tallahassee, Fla.; AAJ member David Sales, Sarasota, Fla.; and AAJ member John “Hutch” Pinder, St. Petersburg, Fla.
