Mary E. Sheffield, etc. v. R.J. Reynolds Tobacco Company, 329 So.3d 114

In 1999 the Florida Legislature amended section 768.73 to presumptively bar punitive damages against a defendant if punitive damages had previously been awarded for the same act or single course of conduct; the amendments applied to "all causes of action arising after" October 1, 1999.
Engle was a 1994 class action against tobacco companies; after Phase I findings and decertification, individual "Engle progeny" suits could use Phase I findings via res judicata.
Valton Sheffield was diagnosed with lung cancer in 1994, died in 2007, and his personal representative (Mary Sheffield) filed an Engle-progeny wrongful death suit against R.J. Reynolds seeking punitive damages.
At trial the court instructed under pre-1999 law (following Allen), and the jury awarded compensatory and punitive damages; Reynolds appealed arguing the 1999 amendments applied.
The Fifth DCA held the 1999 amendments applied because wrongful-death causes of action arise at death (2007) and certified conflict with Allen, Evers, and Konzelman, which had applied pre-1999 law by treating Engle progeny as relating back to 1994.
The Florida Supreme Court affirmed the Fifth DCA: wrongful-death causes arise upon death; the 1999 amendments therefore apply to Engle-progeny wrongful-death claims where death occurred after Oct. 1, 1999, and Allen/Evers/Konzelman were disapproved; Justice Labarga dissented arguing Engle progeny are unique and the causes arose earlier.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 1999 amendments to Fla. Stat. §768.73 apply to Engle‑progeny wrongful‑death actions when the decedent died after Oct. 1, 1999	Sheffield: the causes of action are the decedent's (originating in 1994) and Engle progeny relate back to the class, so the amendments do not apply	Reynolds: wrongful‑death causes of action arise at death; because death occurred after Oct. 1, 1999 the statutory amendments govern	Court: wrongful‑death causes arise on date of death; 1999 amendments apply; Allen, Evers, Konzelman disapproved

Engle v. Liggett Grp., Inc., 945 So. 2d 1246 (Fla. 2006) (certified Phase I findings and authorized Engle progeny suits)
Fulton Cnty. Adm’r v. Sullivan, 753 So. 2d 549 (Fla. 1999) (wrongful‑death cause accrues on date of death)
In re Engle Cases, 45 F. Supp. 3d 1351 (M.D. Fla. 2014) (federal court held certain wrongful‑death claims relate back to original Engle complaints for statute‑of‑limitations purposes)
Schoeff v. R.J. Reynolds Tobacco Co., 232 So. 3d 294 (Fla. 2017) (held amended comparative‑fault statute governed an Engle‑progeny wrongful‑death case)
Alamo Rent–A–Car, Inc. v. Mancusi, 632 So. 2d 1352 (Fla. 1994) (addressing whether statutory amendments impaired substantive rights)
Philip Morris USA, Inc. v. Douglas, 110 So. 3d 419 (Fla. 2013) (describing res judicata effect of Engle Phase I findings in progeny suits)
Capone v. Philip Morris USA, Inc., 116 So. 3d 363 (Fla. 2013) (procedural rules for amending personal‑injury complaints to add wrongful‑death claims and substituting personal representatives)
W.R. Grace & Conn. v. Waters, 638 So. 2d 502 (Fla. 1994) (noting potential for repeated punitive awards and context for legislative reform)