262 So. 3d 769
Fla. Dist. Ct. App.2018Background
- Decedent Carole Martin was an Engle class member: heart disease manifested in 1995; she developed lung cancer in 2003 and died in 2004. Her husband (personal representative) sued Philip Morris and R.J. Reynolds in 2007 claiming strict liability, negligence, fraud by concealment, conspiracy, and punitive damages.
- Jury verdict: liability for plaintiff on all claims; compensatory damages ~$5.4 million; jury found decedent 32% at fault; punitive damages $450,000 against Philip Morris and $200,000 against R.J. Reynolds.
- Trial court entered judgment, reduced compensatory damages by 32% comparative-fault reduction and denied defendants’ post-trial motion to bar punitive damages under the 1999 amendment to Fla. Stat. § 768.73.
- Defendants appealed, arguing the post‑1999 § 768.73 applies (bar on successive punitive awards) because the disease causing death manifested after Oct. 1, 1999, and that prior punitive awards against them exceed the statutory threshold.
- Plaintiff cross‑appealed the court’s reduction of compensatory damages based on comparative fault after the Florida Supreme Court’s intervening precedent (Schoeff) eliminated that defense in Engle‑progeny cases.
- Fourth DCA: affirmed liability issues, held post‑1999 § 768.73 applies to the lung‑cancer death claim (vacating punitive awards), and on cross‑appeal reversed the comparative‑fault reduction and directed reinstatement of the full jury compensatory award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether post‑1999 § 768.73 (bar on successive punitive awards) applies | Martin: claim relates back to 1994 Engle complaint or accrued before Nov. 21, 1996; thus pre‑1999 law governs | Defs: wrongful‑death cause arose when decedent developed fatal lung cancer (or died) after Oct. 1, 1999, so amended statute applies to bar punitive damages | Held: claim for the disease that caused death (lung cancer manifested 2003) arose after Oct. 1, 1999; § 768.73(2)(a) applies and prior punitive awards bar a new punitive award; punitive awards vacated |
| Whether Engle‑progeny wrongful‑death actions always ‘‘freeze’’ statutory law to 1994/1996 dates | Martin: Engle progeny actions relate back to 1994 Engle complaint; pre‑1999 protections vest | Defs: accrual depends on manifestation of the disease causing death; separate diseases accrue separately | Held: not all Engle wrongful‑death claims are frozen to 1994; when decedent’s fatal disease manifested after 1999, post‑1999 law governs |
| Plaintiff's constitutional challenge to § 768.73 as applied | Martin: post‑1999 bar is unconstitutional | Defs: statute is valid; procedural challenge not substantively argued | Held: constitutional challenge not reached — plaintiff failed to notify required state officers under Fla. R. Civ. P. 1.071; court applies statute |
| Whether compensatory damages should be reduced for comparative fault after Schoeff | Martin: reduction was improper because Schoeff (and Florida Supreme Court) eliminated comparative‑fault reduction in Engle‑progeny cases; full jury award should be reinstated | Defs: jury was instructed under prevailing district law to reduce damages by plaintiff’s fault; reduction reflects jury allocation | Held: following Schoeff, comparative‑fault reduction was error; remand with instruction to reinstate the full compensatory verdict amount (no reduction) |
Key Cases Cited
- Engle v. Liggett Grp., Inc., 945 So. 2d 1246 (Fla. 2006) (foundational class action establishing Engle‑progeny framework)
- Schoeff v. R.J. Reynolds Tobacco Co., 232 So. 3d 294 (Fla. 2017) (Florida Supreme Court decision eliminating comparative‑fault reduction in Engle‑progeny compensatory awards)
- Buonomo v. R.J. Reynolds Tobacco Co., 138 So. 3d 1049 (Fla. 4th DCA 2013) (applied accrual when the disease causing death first manifested for punitive/statute‑of‑limitations analysis)
- Barbanell v. Philip Morris USA, Inc., 100 So. 3d 152 (Fla. 4th DCA 2012) (distinct tobacco‑related diseases accrue separately for limitations/accrual purposes)
- D'Angelo v. Fitzmaurice, 863 So. 2d 311 (Fla. 2003) (applicable statute is the version in effect when cause of action arose)
- Allen v. R.J. Reynolds Tobacco Co., 228 So. 3d 684 (Fla. 1st DCA 2017) (pre‑1999 § 768.73 applied where injury manifest before 1999 and wrongful‑death claim related back)
- Evers v. R.J. Reynolds Tobacco Co., 232 So. 3d 457 (Fla. 2d DCA 2017) (Engle‑progeny wrongful‑death action relates back to earlier manifestation for accrual analysis)
- Lumbermens Mut. Cas. Co. v. August, 509 So. 2d 352 (Fla. 4th DCA 1987) (on accrual/arise terminology; later addressed by Florida Supreme Court)