Florida Appellate Court Affirms Plaintiff's Verdict in Smoking Case; Philip Morris USA to Seek Further Review

A Florida appellate court has affirmed, without explanation, a St. Petersburg jury’s 2003 decision ordering Philip Morris USA and Brown and Williamson Tobacco Corp. to pay damages to a former smoker who has lung disease.

A three-judge panel of Florida’s Second Circuit Court of Appeal rejected the company’s argument that the jury was given improper legal instructions when it concluded that John Eastman, a 75-year-old former smoker who suffers from a respiratory illness, was entitled to damages.

"Philip Morris USA, like all parties in any lawsuit, is entitled to have the jury hear the appropriate evidence and apply the correct law in reaching a verdict. In this case, the company believes that did not occur," said William S. Ohlemeyer, Philip Morris USA vice president and associate general counsel.

"The company will now seek further appellate review," he added.

The judgment holds Philip Morris USA liable for approximately $2.6 million in compensatory damages, plus interest. The jury found that the plaintiff was not entitled to any punitive damages.

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