Philip Morris USA, Inc. v. Kayton

In this Engle1 progeny case, Philip Morris USA, Inc., appeals a final judgment entered on a jury verdict for Ellen Tate2 on her claims for strict liability, negligence, and conspiracy to commit fraudulent concealment. The jury awarded plaintiff $8,000,000 in compensatory damages and $16,215,000 in punitive damages. Philip Morris argues that the trial court erred in: (1) using the Engle Phase I findings to conclusively establish the conduct elements of plaintiffs claims; (2) foreclosing Philip Morris’s statute of repose defense to plaintiffs claim for conspiracy to commit fraudulent…