Legal Opinion

Philip Morris USA Inc. v. McKeever

District Court of Appeal of Florida

Decided January 4, 2017No. 4D15-2493PublishedCited by 3 opinions

1Opinion of the Court

Per Curiam,

In this Engle1 progeny case that was tried as a survival action, Philip Morris USA, Inc., appeals a final judgment awarding Vickie McKeever, the personal representative of the estate of her late husband, Theodore McKeever, $5,798,170.45 in compensatory damages (including $2 million for loss of consortium) and $11,625,000 in punitive damages. We affirm on all issues except appellant’s argument that it is entitled to a reduction in the compensatory damages award in proportion to Mr. McKeever’s share of fault. On this issue, we reverse. See R.J. Reynolds Tobacco Co. v. Schoeff, 178…

2Cases cited4 opinions

  1. Engle v. Liggett Group, Inc.Supreme Court of Florida · 2006
  2. Philip Morris USA, Inc. v. DouglasSupreme Court of Florida · 2013
  3. R.J. Reynolds Tobacco Company v. Joan Schoeff, as Personal Representative of the Estate of James Edward SchoeffDistrict Court of Appeal of Florida · 2015
  4. R.J. Reynolds Tobacco Company v. Phil J. Marotta, as Personal Representative of the Estate of Phil Felice MarottaDistrict Court of Appeal of Florida · 2016

3Cited by3 opinions

  1. Philip Morris USA, Inc. v. DuignanDistrict Court of Appeal of Florida · 2017
  2. PHILIP MORRIS USA INC., and R.J. REYNOLDS TOBACCO CO. v. ROSE POLLARI, etcDistrict Court of Appeal of Florida · 2017
  3. R.J. Reynolds Tobacco Company v. EversDistrict Court of Appeal of Florida · 2017

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