212 So. 3d 545
Fla. Dist. Ct. App.
2017

Lead Opinion

PER CURIAM.

AEFIRMED. R.J. Reynolds Tobacco Co. v. Marotta, 182 So.3d 829 (Fla. 4th DCA 2016), rev. granted, No. SC16-218, 2016 WL 934971 (Fla. Mar. 8, 2016).

BILBREY and JAY, JJ., CONCUR; WETHERELL, J., CONCURS IN PART AND DISSENTS IN PART WITH OPINION.



Concurrence in Part

WETHERELL, J.,

concurring in part and dissenting in part.

I concur in the disposition of this appeal in all respects except for the affirmance of the order denying Appellant’s motion for remittitur of the $11 million noneconomic damages award. I would reverse that order and remand for a new trial on damages if the parties were unable to agree upon a reduced award that is in line with the awards in other Engle progeny cases involving plaintiffs with laryngeal cancer. See R.J. Reynolds Tobacco Co. v. Smith, 131 So.3d 18 (Fla. 1st DCA 2013) (Wetherell, J., specially concurring); R.J. Reynolds Tobacco Co. v. Townsend, 90 So.3d 307 (Fla. 1st DCA 2012) (Wetherell, J., concurring in part and dissenting in part).