R.J. Reynolds Tobacco Co. v. Smith

WETHERELL, J.,

specially concurring.

Appellant raised six issues in this Engle1 progeny appeal, four of which are merit-less. The other two issues — which challenge the excessiveness of the compensatory and punitive damage awards — have merit in my view, but are foreclosed by this court’s decision in R.J. Reynolds Tobacco Company v. Townsend.2 Accordingly, despite my continued disagreement with Townsend, I am duty-bound to concur in the decision affirming the judgment in this case.

With respect to the compensatory damages, I agree with Appellant that the evi-dentiary basis for an eight-figure…