Philip Morris USA, Inc. v. Chadwell
In an Engle-progeny wrongful death case, the Third District affirmed a $2.4 million judgment against Philip Morris, holding that the trial court properly limited cross-examination about a prior asbestos trust claim form under section 90.403 (while still allowing impeachment on the smoking-history discrepancy), that reliance for fraudulent concealment may be inferred from exposure to the tobacco industry's pervasive disinformation campaign, and that the reliance jury instruction referencing 'misinformation, omission, or statement' was proper. The court expressly rejected the First District's contrary approach and certified conflict with R.J. Reynolds Tobacco Co. v. Whitmire and R.J. Reynolds Tobacco Co. v. Prentice.
Key facts
- Philip Morris USA, Inc. appealed a $2.4 million wrongful death judgment entered against it in an Engle-progeny tobacco litigation case.
- At trial, the court limited cross-examination of the plaintiff's witness regarding a prior asbestos trust claim form but allowed impeachment on smoking history discrepancies.
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Why it matters
This decision deepens an acknowledged district split on the reliance element in Engle-progeny fraudulent concealment claims, aligning the Third District with the Second, Fourth, and Eleventh Circuit approach and… — full analysis with a trial
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