Fla. Smoker's $37M Win Against Philip Morris Upheld

By Zach Winnick (June 28, 2012, 6:33 PM EDT) -- A Florida appeals court has upheld a $37 million judgment against Philip Morris USA Inc. in an Engle progeny case brought by a smoker who claimed cigarettes caused her emphysema, saying a trial judge properly refused to overturn a jury's verdict against the company.

"[It] was for the jury to determined (1) whether [plaintiff Lucinda] Naugle would have continued to smoke [Philip Morris's] cigarettes if not for [Philip Morris's] nondisclosures, and (2) whether Naugle justifiably relied on the false controversy created by the tobacco industry after May 5, 1982," a three-judge appeals panel held in a June 22 opinion. "The jury...

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