R.J. Reynolds Tobacco Co. v. Mack
2012 Fla. App. LEXIS 9568
| Fla. Dist. Ct. App. | 2012Background
- Appellant challenged a final judgment awarding $510,000 to Mack as personal representative for decedent’s estate.
- The trial excluded Appellant’s alternative causation evidence, but admitted a day-in-life video of the decedent and used Engle findings.
- The jury found decedent’s laryngeal cancer/COPD were caused by smoking, with comparative fault 51% Appellant, 49% decedent; damages $1,000,000.
- Appellant’s expert Dr. Fee testified to possible other causes but the court limited causation testimony to general causes.
- The First District reversed, holding error in excluding alternative causation evidence and remanding for a new trial; upheld video and Engle findings usage; discussed Frye/causation standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Burden on causation shifted by exclusion | Mack | Reynolds | Reversed; error in shifting burden to Reynolds for alternative causation evidence. |
| Admissibility of day-in-life video | Mack | Reynolds | No abuse; video admissible. |
| Use of Engle findings to prove elements | Mack | Reynolds | No error in using Engle findings. |
| Frye standard and Dr. Fee’s testimony | Mack | Reynolds | Record insufficient to address Frye; remand for proper analysis. |
| Harmless-error analysis | Mack | Reynolds | Error not harmless; requires new trial. |
Key Cases Cited
- Haas v. Zaccaria, 659 So.2d 1130 (Fla. 4th DCA 1995) (defense may offer alternative explanations without proving preponderance of evidence)
- Williams v. Eighth Judicial Dist. Court of State, 262 P.3d 360 (Nev.2011) (alternative causation need not be proven with >50% probability)
- Wilder v. Eberhart, 977 F.2d 673 (1st Cir.1992) (defendant may present possible causes; need not prove certainty)