Legal Opinion

R.J. Reynolds Tobacco Co. v. Sheffield

District Court of Appeal of Florida

Decided February 8, 2019No. Case No. 5D17-2521Published

1Opinion of the CourtEdwards, J.

*1232The issue we address in this Engle -progeny1 wrongful death case is whether to apply the punitive damages statute in place at the time of the decedent's death or to instead apply the punitive damages statute in place when the Engle class was recertified in 1996. Based on the statute's specific language and well-established Florida law, we hold that the applicable version of the punitive damages statute is the 1999 version of section 768.73, Florida Statutes, which was in effect when the instant wrongful death cause of action accrued on the date of decedent's death. We find the trial court…

Also in this document: Concurring in part, dissenting in part.

2Cases cited27 opinions

  1. Holly v. AuldSupreme Court of Florida · 1984
  2. Engle v. Liggett Group, Inc.Supreme Court of Florida · 2006
  3. D'ANGELO v. FitzmauriceSupreme Court of Florida · 2003
  4. Martin v. United Security Services, Inc.Supreme Court of Florida · 1975
  5. Lumbermens Mut. Cas. Co. v. AugustSupreme Court of Florida · 1988

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