Schoeff v. R.J. Reynolds Tobacco Co.
Resolving conflict between the Fourth and First Districts, the Florida Supreme Court held that the comparative fault statute, section 768.81, does not apply to Engle progeny cases in which the jury finds for the plaintiff on the intentional tort claims (fraudulent concealment/conspiracy), so compensatory damages may not be reduced by the smoker's comparative fault. The Court also held the plaintiff did not waive the intentional tort exception by arguing comparative fault on the negligence and strict liability counts, and reinstated the $30 million punitive award, rejecting the Fourth District's finding of unconstitutional excessiveness and its order of remittitur.
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Key facts
- Smoker plaintiff sued R.J. Reynolds Tobacco Co. in an Engle progeny case, asserting claims for negligence, strict liability, and intentional torts (fraudulent concealment and conspiracy).
- The trial court submitted all claims to the jury, which found for the plaintiff on the intentional tort counts; the defendant argued the jury's compensatory damages award should be reduced by the smoker's comparative fault under section 768.81.
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Why it matters
This is the controlling Florida Supreme Court authority eliminating comparative fault reductions in Engle progeny compensatory awards where the jury finds for the plaintiff on fraudulent concealment or conspiracy… — full analysis with a trial
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