Soffer v. R.J. Reynolds Tobacco Co.
2012 Fla. App. LEXIS 18385
| Fla. Dist. Ct. App. | 2012Background
- Soffer, as Engle progeny, appeals a final judgment disallowing punitive damages for negligence and strict liability; Reynolds cross-appeals for new trial and other rulings; Engle Class provided res judicata effects and tolling; Phase I of Engle awarded punitive damages only on two intentional tort claims, later vacated as premature and excessive; Engle Supreme Court did not extend punitive damages to negligence/strict liability claims and did not decide whether progeny can seek such damages; Soffer filed December 18, 2007, decades after Maurice Soffer’s 1992 death from smoking-related lung cancer; the trial court followed Engle’s posture by limiting punitive damages to intentional-tort theories, while the jury awarded compensatory damages on negligence/strict liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May Engle progeny pursue punitive damages for negligence or strict liability? | Soffer seeks punitive damages beyond Engle’s intentional-tort scope. | Progeny must accept Engle's remedies as limited; tolling and res judicata apply. | No; progeny may not expand punitive damages beyond Engle’s scope; question certified. |
| Do res judicata and equitable tolling permit extending punitive damages for negligence/strict liability? | Soffer should benefit from tolling and res judicata to claim punitive damages. | These benefits bind progeny to the Engle-approved remedies; tolling does not revive omitted claims. | No extension; effects limited to timely claims in Engle; certification issued. |
| If any punitive-damages claim is permissible, should remand be limited to entitlement and amount? | If allowed, a new trial on punitive damages only is proper. | Remand unnecessary or broader retrial required depending on scope. | Concurrence suggests remand limited to entitlement and amount for negligence/strict-liability punitive damages. |
Key Cases Cited
- Engle v. Liggett Group, Inc., 945 So.2d 1246 (Fla.2006) (Engle class findings; res judicata; tolling; punitive damages limited to two intentional torts; not extended to negligence/strict liability.)
- Engle III, 945 So.2d 1246 (Fla.2006) (Engle III decisions regarding Phase I findings, punitive damages, and individual actions.)
- Liggett Group Inc. v. Engle, 853 So.2d 434 (Fla.3d DCA 2003) (Engle II; supporting that punitive damages are auxiliary to underlying claims.)
- Hofman v. Jones, 280 So.2d 431 (Fla.1973) (Certifying questions of great public importance.)
- Hromyak v. Tyco International Ltd., 942 So.2d 1022 (Fla.4th DCA 2006) (Equitable tolling when later claims not identical to class claims; relevance to tolling analysis.)
- Estate of Williams ex rel. Williams v. Tandem Health Care of Fla., Inc., 899 So.2d 369 (Fla.1st DCA 2005) (Punitive damages standards; de novo review.)
- Owens-Corning Fiberglas Corp. v. Ballard, 749 So.2d 483 (Fla.1999) (Punitive damages for fraud, malice, gross negligence standards.)
- Brown v. Reynolds, 70 So.3d 707 (Fla.4th DCA 2011) (Phase I findings; res judicata effects on underlying claims.)