Philip Morris USA, Inc. v. Green
175 So. 3d 312
Fla. Dist. Ct. App.2015Background
- Appellant Philip Morris USA, Inc. appeals a final judgment in an Engle-progeny case alleging improper damages calculation by failing to apply comparative fault.
- Plaintiff Lauren Greene, trustee for John J. Rizzuto’s bankruptcy estate, sued Appellant and Liggett Group for COPD linked to Rizzuto’s long smoking history.
- Jury found Rizzuto’s COPD fault attributable as 55% Appellant, 25% Liggett, 20% Rizzuto.
- Trial court entered a final judgment for the full amount of damages against both defendants on a joint and several basis.
- Appellee’s trial conduct included repeated statements inviting the jury to recognize Rizzuto’s partial fault and allocate fault among parties.
- Court holds error in not applying comparative fault and remands for amended judgment based on each party’s percentage of fault.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not applying comparative fault. | Rizzuto accepted fault and the jury should allocate among parties. | Joint and several liability should control despite fault apportionment. | Yes; trial court erred, remanded for apportionment by fault. |
| Whether Appellee’s trial conduct estopped pursuing joint damages. | Appellee’s statements implied shared responsibility. | Estoppel/waiver principles bar inconsistent positions. | Estoppel/waiver applicable; damages must reflect fault percentages. |
Key Cases Cited
- Federated Mut. Implement & Hardware Ins. Co. v. Griffin, 237 So.2d 38 (Fla. 1st DCA 1970) (party may not pursue inconsistent theories; judicial estoppel applies in litigation)
- In re Adoption of D.P.P., 158 So.3d 683 (Fla. 5th DCA 2014) (estoppel/precludes inconsistent positions in related proceedings)
- Foreline Security Corp. v. Scott, 871 So.2d 906 (Fla. 5th DCA 2004) (reversible error when jury misled about 50/50 fault allocation)
- R.J. Reynolds Tobacco Co. v. Hiott, 129 So.3d 473 (Fla. 1st DCA 2014) (admissions of partial fault used as trial tactic; waiver/estoppel upheld)
- Engle v. Liggett Group, Inc., 945 So.2d 1246 (Fla. 2006) (Engle findings bind Engle-progeny class; issues of defect and concealment)