R. J. Reynolds Tobacco Company v. Dianne Webb, Personal Representative etc.

In this Engle-progeny case,1 Appellant, R.J. Reynolds Tobacco Company, challenges the trial court’s Final Judgment for Resolution Funds and argues that because Appellee, Dianne Webb, as personal representative of the estate of her father, James Cayce Horner, was not entitled to collect the money damages awarded to her following the appeal of the initial final judgment, the parties’ agreement as to attorney’s fees is unenforceable. We agree with Appellant and, therefore, reverse.

Appellee filed a wrongful death action against Appellant, raising claims of strict liábility, fraud by conceálment,…