MIAMI — A Florida jury has slammed the R.J. Reynolds Tobacco Co. with $23.6 billion in punitive damages in a lawsuit filed by the widow of a longtime smoker who died of lung cancer in 1996.
The case is one of thousands filed in Florida after the state Supreme Court in 2006 tossed out a $145 billion class action verdict. That ruling also said smokers and their families need only prove addiction and that smoking caused their illnesses or deaths.
Last year, Florida’s highest court reapproved that decision, which made it easier for sick smokers or their survivors to pursue lawsuits against tobacco companies without having to prove to the court again that Big Tobacco knowingly sold dangerous products and hid the hazards of cigarette smoking.
The damages a Pensacola jury awarded Friday to Cynthia Robinson after a four-week trial come in addition to $16.8 million in compensatory damages.
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Robinson individually sued Reynolds, the country’s No. 2 cigarette maker, in 2008 on behalf of her late husband, Michael Johnson Sr. Her attorneys said the punitive damages are the largest of any individual case stemming from the original class action lawsuit.
“The jury wanted to send a statement that tobacco cannot continue to lie to the American people and the American government about the addictiveness of and the deadly chemicals in their cigarettes,” said one of the woman’s attorneys, Christopher Chestnut.
Reynolds’ vice president and assistant general counsel, Jeffery Raborn, called the damages in Robinson’s case “grossly excessive and impermissible under state and constitutional law.”
“This verdict goes far beyond the realm of reasonableness and fairness, and is completely inconsistent with the evidence presented,” Raborn said in a statement. “We plan to file post-trial motions with the trial court promptly, and are confident that the court will follow the law and not allow this runaway verdict to stand.”
In June, the U.S. Supreme Court turned away cigarette manufacturers’ appeals of more than $70 million in court judgments to Florida smokers. Reynolds, Philip Morris USA and Lorillard Tobacco Co. had wanted the court to review cases in which smokers won large damage awards without having to prove that the companies sold a defective and dangerous product or hid the risks of smoking.
The Supreme Court refused to hear another of the companies’ appeals last year, wanting the court to consider overturning a $2.5 million Tampa jury verdict in the death of a smoker.
Some large jury verdicts awarding tens of millions of dollars in damages to relatives of smokers have been upheld by appeals courts.
Philip Morris is the country’s biggest tobacco company and owned by Richmond, Va.-based Altria Group. Reynolds is owned by Winston-Salem, N.C.-based Reynolds American.