TORTS: PRODUCT LIABILITY: FAILURE TO WARN: CAUSATION: CARBON FIBER BICYCLE: JUDGMENT FOR PLAINTIFF REVERSED BECAUSE DEFENDANT’S FAILURE TO WARN THAT DAMAGED CARBON FIBER COULD FAIL SUDDENLY WAS NOT THE CAUSE OF THE PLAINTIFF’S ACCIDENT: ACCIDENT OCCURRED BECAUSE ROAD DEBRIS GOT CAUGHT IN THE ROTATING SPOKES OF THE FRONT WHEEL, SOMETHING THAT COULD HAPPEN REGARDLESS OF THE MATERIAL FROM WHICH THE BICYCLE WAS MANUFACTURED

Trek Bicycle Corporation v. Miguelez, ___ So. 3d ___, 40 Fla. L. Weekly d669 (Fla. 3d DCA March 18, 2015)

The appellate court in a product liability case reversed judgment for the plaintiff, based upon a jury verdict, because of the plaintiff’s failure to establish causation. The plaintiff alleged that he would not have purchased the accident bicycle if he … Click To Read Full Case Law Review...

TORTS: PRODUCT LIABILITY: TOBACCO: ENGLE PROGENY CASE: PLAINTIFF PROVIDED SUFFICIENT EVIDENCE THAT HE WAS ADDICTED TO CIGARETTES CONTAINING NICOTINE; CIVIL PROCEDURE: CLOSING ARGUMENT: PLAINTIFF WAS ENTITLED TO COMMENT UPON DEFENDANT’S POSITION THAT IT DID NOT CONSPIRE TO CONCEAL INFORMATION ABOUT THE HEALTH HAZARDS OF SMOKING: ALTHOUGH IT IS PROBLEMATIC TO ARGUE THAT DEFENDANT’S CONDUCT AT TRIAL IS A CONTINUATION OF THE MISCONDUCT UPON WHICH THE PLAINTIFF’S LAWSUIT IS BASED, PLAINTIFF COUNSEL ENGAGED IN FAIR COMMENT IN THIS CASE

R.J. Reynolds Tobacco Company v. Ballard, ___ So. 3d ___, 40 Fla. L. Weekly D670 (Fla. 3d DCA March 18, 2015)

The appellate court affirmed judgment for the plaintiff in an Engle progeny case. Contrary to the defendant’s assertion, the plaintiff did provide sufficient evidence to prove that he was addicted to cigarettes containing nicotine. The plaintiff called an expert … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: PRODUCT LIABILITY: TOBACCO: ENGLE PROGENY CASE; APPEALS: PRESERVATION: WAIVER: INVITED ERROR: PLAINTIFF WAIVED ARGUMENT THAT FINDING OF ENGLE CLASS MEMBERSHIP PRECLUDED FINDING THAT DEATH WAS NOT CAUSALLY RELATED TO DEFENDANT’S WRONGFUL ACTS BECAUSE PLAINTIFF’S COUNSEL ADVOCATED OR AGREED TO INSTRUCTIONS AND VERDICT FORM THAT SUBMITTED ISSUE OF CAUSATION TO THE JURY

Baker v. R.J. Reynolds Tobacco Company, ___ So. 3d ___, 40 Fla. L. Weekly D476 (Fla. 4th DCA February 18, 2015)

The jury found that the decedent was a member of the Engle class but that the defendant’s wrongful acts were not the cause of his death. The plaintiff moved for a new trial based upon the premise that … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: PRODUCT LIABILITY: TOBACCO: ENGLE PROGENY CASE: STATUTE OF LIMITATIONS: RESIDENCY REQUIREMENT FOR ENGLE CLASS MEMBERSHIP IS SATISFIED BY RESIDENCE IN THE STATE OF FLORIDA ON NOVEMBER 21, 1996, THE CUTOFF DATE FOR FILING AN ENGLE PROGENY SUIT

Damianakis v. Philip Morris USA, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D130 (Fla. 2d DCA January 7, 2015)

The trial court entered summary judgment against the plaintiff in an Engle progeny wrongful death case based upon the statute of limitations because the decedent was diagnosed with a smoking related illnesses before he moved to Florida. The Second … Click To Read Full Case Law Review...

TORTS: PRODUCT LIABILITY: TOBACCO: NON-ENGLE PROGENY CASE: CAUSATION: CIVIL PROCEDURE: DIRECTED VERDICT: EXPERT’S INABILITY TO TESTIFY THAT THERE WAS A GREATER THAN FIFTY PERCENT CHANCE THAT PLAINTIFF WOULD NOT HAVE DEVELOPED LUNG CANCER IF SHE HAD SMOKED FULL FLAVOR CIGARETTES, INSTEAD OF DEFENDANT’S FILTERED CIGARETTES, DID NOT JUSTIFY DIRECTED VERDICT FOR DEFENDANT

Whitney v. R.J. Reynolds Tobacco Company, ___ So. 3d ___, 39 Fla. L. Weekly D2537 (Fla. 1st DCA December 5, 2014)

The plaintiff, in a non-Engle­ progeny case, sued a tobacco company for marketing a defectively designed cigarette, which increased the likelihood of addiction and developing cancer.  The design defects included the addition of filters, chemical adjustments, and … Click To Read Full Case Law Review...