Estate of Schwarz Ex Rel. Schwarz v. Philip Morris Inc.

The matter before the court is plaintiffs petition for reconsideration of our decision in Estate of Michelle Schwarz v. Philip Morris Inc., 348 Or 442, 235 P3d 668 (2010). On reconsideration, we clarify that the issue on remand is not whether defendant is liable for punitive damages, but rather what is the correct amount of those damages. We also address defendant’s statement of costs and disbursements and allow it in part and disallow it in part. In all other respects, we adhere to our prior opinion.

At trial of this case, the court instructed the jury that, to recover punitive damages,…