Karen Whitney v. R. J. Reynolds Tobacco Company
157 So. 3d 309
| Fla. Dist. Ct. App. | 2014Background
- Whitney sued R. J. Reynolds Tobacco Co. and Philip Morris USA for negligence and strict liability based on design defects allegedly increasing addiction and cancer risk.
- Whitney conceded comparative fault at trial.
- Dr. Burns testified that design changes made cigarettes easier to smoke and delivered carcinogens deeper into the lungs, increasing addiction risk and cancer likelihood.
- Cross-examination suggested Burns could not say, with medical certainty, that Whitney would have avoided cancer with non-defective cigarettes, challenging the causation theory.
- Trial court granted a directed verdict on causation, applying Gooding's standard to require proof that conduct was more likely than not a substantial factor; jury found no issue on failure to warn before 1969.
- Appellate court reversed the directed verdict on negligence and strict liability, affirmed other issues, and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred on causation by applying Gooding to require more than 50% likelihood. | Whitney argues Burns' testimony supports a substantial factor/greater than likely causation. | Appellees contend causation requires more than 50% risk as per Gooding. | Directed verdict improper; causation shown by substantial factor evidence. |
| Whether the court properly instructed on legal causation standards for tobacco addiction claims. | Whitney asserts addiction and design defects can be legal causes without a single-factor tipping point. | Appellees rely on Gooding's higher causation threshold and comparative fault rules. | Court adopts substantial factor framework; reversal of directed verdict on causation. |
Key Cases Cited
- Gooding v. University Hospital Building, Inc., 445 So.2d 1015 (Fla. 1984) (negligence causation requires evidence that conduct was a substantial factor; not merely probable)
- Cox v. St. Josephs Hospital, 71 So.3d 795 (Fla. 2011) (directed verdict improper if evidence could support more likely than not causation)
- Engle v. Liggett Group, Inc., 945 So.2d 1246 (Fla. 2006) (Engle class decertification; phase distinctions and individualized issues (causation, damages, comparative fault))
- R.J. Reynolds Tobacco Co. v. Martin, 53 So.3d 1060 (Fla. 1st DCA 2010) (phase-based approach; legal causation and damages proven in second phase)
- Philip Morris USA, Inc. v. Allen, 116 So.3d 467 (Fla. 1st DCA 2013) (addiction as legal cause; comparative fault considerations on smoking continuation)