Jump to full article: Law.com, 2010-02-09
Author: Vanessa Blum Daily Business Review
Intro: The largest individual award to a former Florida smoker against the tobacco industry will not stand, a Broward Circuit judge ruled Friday.
Calling the $300 million jury verdict "excessive" and "shocking," Judge Jeffrey Streitfeld said he would determine a lower award later against tobacco giant Philip Morris USA. He gave no indication when he would rule.
The landmark verdict was reached in November for Cindy Naugle, an emphysema patient who quit smoking in 1993.
The jury's decision to award $56.5 million in compensatory damages and $244 million in punitive damages stemmed from anger and went beyond just compensation and punishment, Streitfeld said. . . .
Streitfeld, who presided over Naugle's three-week trial, said he would determine a proper reduction based on the evidence.
"I am absolutely persuaded there was a passion in this verdict that resulted in an excessive verdict," he said.
Streitfeld suggested the case offered "a lesson" for tobacco attorneys, whom he faulted for putting on a "blame the smoker" defense.
"It didn't work," he said. "It upset the jury." . . .
Streitfeld did not say when he would rule but noted he has been considering the matter for months.
"From the moment I read the verdict and took a deep breath, I have considered that verdict and what I should do," he said.
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Quotes from this article:
I am absolutely persuaded there was a passion in this verdict that resulted in an excessive verdict . . . From the moment I read the verdict and took a deep breath, I have considered that verdict and what I should do.
Broward County Circuit Judge Jeffrey Streitfeld, on the size of the Naugle/Engle award of Nov. 2009.
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