Philip Morris USA Inc. v. Allen
116 So. 3d 467
| Fla. Dist. Ct. App. | 2013Background
- Andy R. Allen, as personal representative of Patricia Allen's estate, sued RJR and PM USA for COPD-related wrongful death, alleging lifelong smoking of their cigarettes.
- Engle Phase I findings and Engle class concepts were central; Engle class requires membership by addiction-caused disease, not just addiction or smoking-caused disease.
- Trial court granted a partial summary judgment that Allen was addicted to nicotine-containing cigarettes; directed a verdict against RJR on Engle class membership while PM USA remained, giving jury instructions mixing addiction and smoking causation.
- The jury received instructions stating Patricia Allen was an Engle class member and that addiction was a legal cause of death for RJR, while PM USA’s cigarettes were treated similarly but with a different framing.
- Evidence at trial was mixed on when addiction began relative to COPD diagnosis (1996), creating a factual issue on Engle class membership that the directed verdict foreclosed.
- The appellate court held the trial court’s approach misapplied Engle and required reversing the final judgment and remanding for a new trial consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the directed verdict on Engle class membership was proper | Allen contends class membership required addiction-caused disease per Engle. | RJR argues addiction alone plus disease suffices under Engle for class membership. | Directed verdict reversed; class membership unresolved and must be decided by jury. |
| Whether jury instructions correctly applied Engle framework | Instructions improperly emphasized smoking over addiction causation. | Engle framework allows use of Phase I findings to prove conduct once class membership is established. | Instructions deemed flawed and inconsistent with Engle as clarified in Douglas and Martin. |
| Whether the case should be remanded for a new trial | Proper application of Engle defeats the current verdict and requires re-trial. | If error preserved, any harmless error should be affirmed. | Remanded for a new trial consistent with the opinion. |
Key Cases Cited
- Engle v. Liggett Grp., Inc., 945 So.2d 1246 (Fla.2006) (defines Engle class by nicotine addiction causing disease)
- Philip Morris USA, Inc. v. Douglas, 110 So.3d 419 (Fla.2013) ( Engle due process; Phase I findings binding framework)
- R.J. Reynolds Tobacco Co. v. Martin, 53 So.3d 1060 (Fla.2010) (class membership requires addiction-caused disease)
- Douglas, 110 So.3d 419 (Fla.2013) (reiterates Engle framework and individual causation)
- Engle v. Liggett Grp., Inc. (Douglas reference), 945 So.2d 1246 (Fla.2006) (Phase I findings determine general causation; individual causation decided later)
- Lorillard Tobacco Co. v. Mrozek, 106 So.3d 479 (Fla.2012) (class definition and addiction causation considerations)