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Broward County, FL

This product liability suit resolved a post-Engle complaint against tobacco companies by a man suffering from lung cancer and COPD. The suit was resolved by a Florida jury.

The plaintiff, Edward C., began smoking at the age of 15, and eventually began smoking up to two packs of cigarettes a day. He was diagnosed with lung cancer in ________, and had parts of his lung removed. Now 71 years old, the plaintiff suffers from lung cancer and chronic obstructive pulmonary disease (COPD), and is now oxygen dependent 24 hours a day. He is unable to walk any distance without a rolling walker.

The plaintiff filed suit in the Circuit Court of Broward County, Florida, naming as defendants, Philip Morris, R.J. Reynolds, and Lorillard. The defendants were accused of fraud and conspiracy in lying and denying the truth about the addictiveness and deadliness of their product. Mr. C. sought recovery of compensatory damages for his condition, as well as punitives.

In addition to accusations of fraud and conspiracy, the plaintiff accused defendants of engineering their cigarettes to be as addictive as possible by manipulating and controlling precise dosing of nicotine to initiate and sustain addiction, starting with children as their vulnerable target.After five weeks of trial, the jury returned a finding for the plaintiff, concluding that three of the big four tobacco companies were liable for the plaintiff’s condition. However, one juror did not agree to the sum for pain and suffering damages. On Friday May 1, ________, Judge Lynch granted the plaintiff’s motion for entry of a partial verdict, affirming Mr. C. being addicted to cigarettes containing nicotine sold to him by Philip Morris, R.J. Reynolds, and Lorillard, and that the addiction was the legal cause of the plaintiff’s medical conditions. The jury awarded a partial verdict of $________ in past economic damages.

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