Legal Opinion

R.J. REYNOLDS TOBACCO COMPANY, and PHILIP MORRIS USA INC. v. JOHN MCCOY, ETC.

District Court of Appeal of Florida

Decided November 8, 2017No. 16-0259Published

1Per curiam

The defendant tobacco companies, R.J. Reynolds Tobacco Company and Philip Morris USA Inc. (“the defendants”), appeal a final judgment in favor of John McCoy (“the plaintiff’) in a wrongful death action and raise three issues. The plaintiff cross appeals the same judgment, raising two issues. We reverse.

The defendants allege in their first issue that the Surgeon General’s Reports (“the Reports”) were erroneously admitted into evidence and improperly used to bolster expert opinions. As we recently concluded in Philip Morris USA, Inc. v. Pollari, No. 4D16-334, 228 So.3d 115, 2017 WL 3730347…

2Cases cited2 opinions

  1. Frank Special v. West Boca Medical CenterSupreme Court of Florida · 2014
  2. PHILIP MORRIS USA INC., and R.J. REYNOLDS TOBACCO CO. v. ROSE POLLARI, etcDistrict Court of Appeal of Florida · 2017

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