Legal Opinion

R.J. Reynolds Tobacco Company, as successor by merger to Lorillard Tobacco Company v. Kathleen Gafney, as Personal Representative of the Estate of Frank Eugene Gafney

District Court of Appeal of Florida

Decided March 23, 2016No. 4D13-4358PublishedCited by 7 opinions

1Opinion of the CourtKlingensmith, J.

R.J. Reynolds Tobacco Company and Lorillard Tobacco Company (“appellants”) 1 appeal from an adverse jury verdict in favor of Kathleen Gafney, as Personal Representative ‘ of the Estate of Frank Eugene Gafney (“appellee”). The jury found that the decedent’s death was the result of diseases and medical conditions caused by addiction to cigarettes manufactured and distributed by appellants. We reverse due to improper comments made to the jury during appellee’s counsel’s closing argument.' Specifically, statements requesting the jury to send a message through a compensatory damage award, and…

2Cases cited21 opinions

  1. Cooper Industries, Inc. v. Leatherman Tool Group, Inc.Supreme Court of the United States · 2001
  2. Engle v. Liggett Group, Inc.Supreme Court of Florida · 2006
  3. UNITED STATES of America, Plaintiff-Appellee, v. Charles J. SANCHEZ, Jr., Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1999
  4. Frank Special v. West Boca Medical CenterSupreme Court of Florida · 2014
  5. Charles Franklin Westbrook, Jr., Pilot Point Ready-Mix, Inc., Intervenor-Appellee v. General Tire and Rubber Company, Etc.Court of Appeals for the Fifth Circuit · 1985

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3Cited by7 opinions

  1. R.J. Reynolds Tobacco Co. v. RobinsonDistrict Court of Appeal of Florida · 2017
  2. R.J. Reynolds Tobacco Co. v. OdomDistrict Court of Appeal of Florida · 2016
  3. Okeechobee Aerie 4137, Fraternal Order of Eagles, Inc. v. WildeDistrict Court of Appeal of Florida · 2016
  4. Davis v. Little Giant Ladder Systems, LLCDistrict Court, M.D. Florida · 2022
  5. MARTEX CORPORATION v. ROBERTO ARTILES, etc.District Court of Appeal of Florida · 2023

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