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ARTICLE ID 194514

$________ – PRODUCT LIABILITY – TOBACCO – IN POST-ENGLE TOBACCO CASE IN FLORIDA – DEATH OF ANDREW SCHLEIDER

11th Judicial Circuit Court

This Engle progeny case involved the death of a Florida man from smoking-related cancer. The suit rendered by his widow was resolved via jury verdict.

In ________, the decedent, Andrew S., perished of cancer. The decedent had previously been diagnosed with chronic obstructive pulmonary disease (COPD) as well as lung cancer, and was a smoker of cigarettes including brands owned by defendant, R.J. Reynolds.

Diane S., the widow of the deceased, filed suit in the 11th Judicial Circuit Court of the State of Florida. The widow asserted that concealment made by the defendant of smoking’s dangers led to her husband’s addiction and ultimately his fatal cancer. The plaintiff sought recovery for her loss of companionship from the loss of her husband, as well as the losses sustained by the couple’s daughter, Suzanne L.

The case was first heard as part of the Engle litigation, and subject to the events surrounding that matter. At their conclusion, the matter was taken to trial as an individual matter, where the plaintiff presented its damages case against the defendant.After three weeks of trial, the jury returned a finding for the plaintiff, awarding $________ in damages, including $________ for loss of companionship to the widow of the decedent, and $________ to the decedent’s daughter. The jury found R.J. Reynolds 70% liable for the decedent’s death. The decedent himself was found 30% liable. The jury did not award punitive damages.

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