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...