R.J. Reynolds Tobacco Company v. Phil J. Marotta, as Personal Representative of the Estate of Phil Felice Marotta

CIKLIN, C.Jv

In this Engle progeny case, 1 R.J. Reynolds Tobacco Company (“the defendant”) appeals a final judgment entered in favor of Phil J. Marotta, as Personal Representative of the Estate of Phil Felice Marotta (“the plaintiff’); arguing that federal law implicitly preempts state law tort claims of strict liability and negligence based on the sale of cigarettes and that the use of the Engle defect finding resulted in a violation of due process. The plaintiff cross-appeals, contending that the trial court erred in precluding the jury from considering punitive damages on the products…