Philip Morris USA Inc. v. McKeever

District Court of Appeal of Florida

Philip Morris USA Inc. v. McKeever

207 So. 3d 907, 2017 Fla. App. LEXIS 81

CourtDistrict Court of Appeal of Florida

DecidedJanuary 4, 2017

DocketNo. 4D15-2493

StatusPublished

Cited by3 cases

This text of 207 So. 3d 907 (Philip Morris USA Inc. v. McKeever) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Philip Morris USA Inc. v. McKeever, 207 So. 3d 907, 2017 Fla. App. LEXIS 81 (Fla. Ct. App. 2017).

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Opinion

Per Curiam,

In this Engle¹ progeny case that was tried as a survival action, Philip Morris USA, Inc., appeals a final judgment awarding Vickie McKeever, the personal representative of the estate of her late husband, Theodore McKeever, $5,798,170.45 in compensatory damages (including $2 million for loss of consortium) and $11,625,000 in punitive damages. We affirm on all issues except appellant’s argument that it is entitled to a reduction in the compensatory damages award in proportion to Mr. McKeever’s share of fault. On this issue, we reverse. See R.J. Reynolds Tobacco Co. v. Schoeff, 178 So.3d 487 (Fla. 4th DCA 2015), rev. granted, No. SC15-2233, 2016 WL 3127698 (Fla. 2016).

We also briefly address appellant’s due process and preemption arguments. As appellant acknowledges, there is binding case law rejecting appellant’s arguments that due process precluded giving the Engle findings preclusive effect and that the plaintiffs strict liability and negligence claims were preempted by federal law. See Philip Morris USA, Inc., v. Douglas, 110 So.3d 419 (Fla. 2013); R.J. Reynolds Tobacco Co. v. Marotta, 182 So.3d 829 (Fla. 4th DCA 2016), rev. granted, No. SC16-218, 2016 WL 934971 (Fla. 2016). We affirm on these issues, but note that appellant wishes to preserve these arguments for possible further review.

Affirmed in part and Reversed in part.

Taylor, Levine and Conner, JJ., concur.

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Per Curiam,

In this Engle¹ progeny case that was tried as a survival action, Philip Morris USA, Inc., appeals a final judgment awarding Vickie McKeever, the personal representative of the estate of her late husband, Theodore McKeever, $5,798,170.45 in compensatory damages (including $2 million for loss of consortium) and $11,625,000 in punitive damages. We affirm on all issues except appellant’s argument that it is entitled to a reduction in the compensatory damages award in proportion to Mr. McKeever’s share of fault. On this issue, we reverse. See R.J. Reynolds Tobacco Co. v. Schoeff, 178 So.3d 487 (Fla. 4th DCA 2015), rev. granted, No. SC15-2233, 2016 WL 3127698 (Fla. 2016).

We also briefly address appellant’s due process and preemption arguments. As appellant acknowledges, there is binding case law rejecting appellant’s arguments that due process precluded giving the Engle findings preclusive effect and that the plaintiffs strict liability and negligence claims were preempted by federal law. See Philip Morris USA, Inc., v. Douglas, 110 So.3d 419 (Fla. 2013); R.J. Reynolds Tobacco Co. v. Marotta, 182 So.3d 829 (Fla. 4th DCA 2016), rev. granted, No. SC16-218, 2016 WL 934971 (Fla. 2016). We affirm on these issues, but note that appellant wishes to preserve these arguments for possible further review.

Affirmed in part and Reversed in part.

Taylor, Levine and Conner, JJ., concur.

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Bluebook (online)

207 So. 3d 907, 2017 Fla. App. LEXIS 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philip-morris-usa-inc-v-mckeever-fladistctapp-2017.

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