"The [Manatee County] jury's verdict, along with a verdict in another case earlier this week, shows that juries recognize that plaintiffs are responsible for their own smoking decisions," said Murray Garnick, Altria Client Services senior vice president and associate general counsel, speaking on behalf of Richmond, Va.-based Philip Morris [image-nocss] USA. "Even with rulings by the trial court that gave the plaintiff an unfair advantage in violation of Florida law and due process, the verdict for the defense shows that Philip Morris USA still has powerful defenses."
He added, "Philip Morris USA will vigorously defend each individual Engle case that goes to trial.
On Monday, a Duval County jury returned a verdict in favor of Philip Morris USA in an Engle case, Willis v. RJ Reynolds and Philip Morris USA. The first trial in this case resulted in a mistrial in August.
"The jury's finding shows once again that Philip Morris USA still has powerful defenses in these cases, even when, in violation of Florida law and due process, the trial court allows plaintiffs to rely on a prior jury's general findings instead of proving the individual facts of their case," said Garnick. "We believe that this jury reached the correct result."
The verdicts came in the trial of so-called Engle progeny cases following a 2006 Florida Supreme Court decision that decertified a class action but allowed former class-action members to file individual lawsuits and rely on general findings from the first class action. Recently, the 11th U.S. Circuit Court of Appeals severely restricted the ability of plaintiffs in the federal cases to use findings from the prior Engle jury to meet their burden of proof at trial. Neither the plaintiff here nor any of the other plaintiffs in state courts have complied with the requirements set forth by this ruling, Philip Morris USA said.
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