266 So. 3d 1230
Fla. Dist. Ct. App.2019Background
- Decedent Valton Sheffield was diagnosed with lung cancer in 1994, later again in 2003 and 2006, and died in 2007.
- Sheffield was an Engle-class member (manifestation of smoking-related disease before the 1996 cut-off). His estate sued R.J. Reynolds for negligence, strict liability, fraud by concealment, and conspiracy, seeking compensatory and punitive damages.
- A jury awarded $1.8 million compensatory and $5 million punitive damages against Reynolds.
- The trial court applied the pre-1999 version of Florida’s punitive damages statute (section 768.73), per the Estate’s position; Reynolds argued the 1999 version (effective Oct. 1, 1999) should apply.
- The 1999 statute potentially bars punitive awards where prior punitive awards were rendered for the same course of conduct, which Reynolds argued could preclude or reduce punitive damages here.
- The district court reversed the punitive-damages award, holding the cause of action accrued at death (2007) so the 1999 statute applied, and certified conflict with three other district opinions that reached the opposite conclusion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which version of §768.73 applies to punitive damages in this wrongful-death (Engle-progeny) case? | The pre-1999 statute applies because plaintiff’s disease manifested before the 1996 Engle cut-off, and Engle membership should control. | The 1999 statute applies because the wrongful-death cause of action accrued at the decedent’s death in 2007 (after 1999). | The 1999 version applies; wrongful-death claims accrue at death, so statute in effect at accrual governs. |
| Is "manifestation" for Engle-class membership equivalent to accrual of a cause of action? | Manifestation should determine applicability because Engle benefits flow from class membership based on pre-1996 manifestation. | Manifestation and accrual are distinct; accrual controls which statute applies. | Manifestation and accrual are distinct; accrual (date of death) governs statute selection. |
| Do Engle common‑core findings or relation-back doctrines make the wrongful-death claim accrue earlier? | Engle common-core findings and tolling/relations should permit treating the claim as arising before 1999. | Relation-back or class membership do not change accrual date for wrongful death not previously filed as a personal-injury suit. | Relation-back (to an earlier personal-injury filing) applies only when an earlier individual complaint exists; it does not apply to claims that first arise at death. |
| Was reversal of punitive damages required or is remand for statutory findings appropriate? | Punitive award should stand under pre-1999 law. | If 1999 statute applies, trial court must determine whether prior punitive awards preclude or reduce a new punitive award; remand may be needed. | Reversed and remanded for further proceedings on punitive damages consistent with the 1999 statute; trial court must address statutory preclusions/reductions. |
Key Cases Cited
- Engle v. Liggett Group, Inc., 945 So.2d 1246 (Fla. 2006) (decertified class; directed individual punitive-damages determinations and described Engle common‑core benefits)
- R.J. Reynolds Tobacco Co. v. Ciccone, 190 So.3d 1028 (Fla. 2016) (distinguishes "manifestation" for Engle membership from accrual for statute-of-limitations purposes)
- Schoeff v. R.J. Reynolds Tobacco Co., 232 So.3d 294 (Fla. 2017) (statutory language controls application of amendments when statute expressly sets retroactivity)
- D'Angelo v. Fitzmaurice, 863 So.2d 311 (Fla. 2003) (general rule: statute in effect when cause of action accrues governs)
- Fulton County Adm'r v. Sullivan, 753 So.2d 549 (Fla. 1999) (wrongful-death causes of action accrue on date of death)