Smoker’s Lawsuit Results in $300M Verdict Against Tobacco Company
Published: November 23rd, 2009 • Comments: 7
In what is believed to be the largest single plaintiff award to date against a tobacco company, a Florida jury awarded $300 million in compensatory and punitive damages to a former smoker who filed a lawsuit against Philip Morris USA over her emphysema.
Cindy Naugle, 61, was awarded $56.6 million for past and future medical expenses, as well as pain and suffering. The jury from Broward County Circuit Court also levied a $244 million punitive damage award against the tobacco company.
Naugle, who said that she began smoking in 1968 to make herself look older, alleged that she would have never started smoking if she had known of the potential health effects. The smoker’s lawsuit claimed that the tobacco companies knew smoking caused a variety of lung diseases, but kept those side effects hidden.
As a result of smoking for about 25 years, Naugle claimed that she suffers from emphysema, requires around-the-clock oxygen and is confined to a wheelchair due to how easily she is winded. The jury found her to be 10% responsible for her own condition, meaning that while Philip Morris is responsible for all of the punitive damages; it is only responsible for 90% of the compensatory damages.
Naugle’s case is one of about 8,000 smoker lawsuits filed against tobacco companies in Florida, known as Engle Progeny lawsuits. The cases stem from a 2006 decision by the Florida Supreme Court, in Engle v. R.J. Reynolds Tobacco Co., to vacate a 2000 verdict in a class action lawsuit. Although the appeals court overturned the $145 billion verdict awarded on behalf of an estimated 700,000 smokers, plaintiffs were allowed to file individual claims and use the liability findings from the class action trial.
Tobacco companies have called the ruling unfair and unconstitutional, because it allows juries to look at a previous jury’s findings. However, plaintiffs have pointed out that they must still prove that the addiction caused the damages, as opposed to the damage being caused by the choice of the smoker to start smoking.
Comment by michael on 25 November 2009:
my father’s death was qualified to participate in the engle trust settlement, but because the trust failed to contact us, we were not included in any settlement payouts
i am interested in filing an individual suit and am seeking representation
Comment by Hughey on 27 November 2009:
How does one know if a case or claim has legal merit for pain and suffering damages?
Comment by Marcus on 2 December 2009:
This lawsuit is stupid Did the Company force her to start smoking? did thay force her to continue? this is just another example of people not wanting to take responsibility for there own actions millions of people stop smoking daily you would think that when she noticed the negative affects of smoking in her 25 years of smoking she would have stopped. this is the same as if i load a gun and shoot my foot off then sue the gun maker for pain and suffering.
Comment by kelly on 2 December 2009:
This is PATHETIC. People need to take personal responsibility for the decisions they make. So, do I sue Nestle’s for the fact that I never knew that chocolate would make me fat????
Comment by Dan on 20 December 2009:
This is to “Marcus’ and ” Kelly . Look at the evidence. Yes they did smoke but they we lied to. The cigs co put things in there product from what i read. Look at the evindence not the $$$$$ that is in the claims. Money will never replace the lost love ones. I know i am there and been there for many a year.
Comment by jim on 31 December 2009:
i had surgery for pvd this spring. this is a diease so painful i wouldn!t wish it on my worst enemy. caused by smoking for over 50 yrs, but cig companies dont tell you this. next step i am told is amputation of both legs. cig companies told us how good they were when i started smoking. have tried chantix and every other stop smoking device to no avail. anyone who has had pvd, can tell you about the pain getting to the point where you can only sleep about 30 min before waking up screaming with pain.
Comment by Frank on 8 January 2010:
What a joke, it is amazing how people look for easy money.. This has to be rank and the most ridiculous lawsuit ever. People know that cigarretes are dangerous and yet they continue to smoke.. We are smart enough that any chemicals we inhale or consume are toxic to our health..I drink and I know that alcohol is poison to my liver, but I am not going to turn tomorrow and file a lawsuit against the alcohol companies..