I wrote on December 7, 2009 that a Florida jury had awarded $300 million
to an ex-smoker with emphysema. Cindy Naugle’s case was one of many
formerly involved in a class action against Philip Morris.
On February 25, 2010,
law360.com reported that the trial judge reduced the judgment to $30.9 million, finding
that the original award was “excessive” and “shocking,”
and the result of passion on the part of the jury.
In the initial award, the jury found the ex-smoker 10% at fault and a
subsidiary of Philip Morris 90% at fault for the emphysema, resulting
in a compensatory damages award of more than $56 million and $244 million
in punitive damages.
An appeal is expected.