Philip Morris USA, Inc. v. James Naugle, as Personal Representative of the Estate of Lucinda Naugle

PER CURIAM..

This is the third appearance of this case in this court. See Philip Morris USA, Inc. v. Naugle, 103 So.3d 944 (Fla. 4th DCA 2012) (“Naugle I”); Naugle v. Philip Morris USA Inc., 133 So.3d 1235 (Fla. 4th DCA 2014) (Naugle II). In Naugle I, we affirmed on the issue of liability1, but reversed for “a new trial on the issue of damages.” 103 So.3d at 949.

After the retrial on damages, the court interviewed the jury foreperson. The interview disclosed that, after the return of the verdict in the damages retrial, the foreperson received a text message from a second juror which indicated…