R.J. Reynolds Tobacco Co. v. Townsend

I agree with the majority that RJR’s first issue on appeal was not adequately preserved (and it is without merit in any event); that Martin is controlling as to the second and third issues; and that the punitive damage award is constitutionally excessive and must be reversed.11 However, for the reasons that follow, I would also reverse the compensatory damage award.

I joined the opinions affirming the judgments in two prior Engle progeny cases, Martin and R.J. Reynolds Tobacco Co. v. Hall, 70 So.3d 642 (Fla. 1st DCA 2011), but I cannot join the decision in this case. The $5 million…