by Jim Saunders, The News Service of Florida
In a decision with huge implications for lawsuits against tobacco companies, the Florida Supreme Court on Tuesday declined to hear R.J. Reynolds’ appeal of a $28.3 million verdict in the death of a Panhandle smoker.
The decision could strip R.J. Reynolds and other tobacco companies of a key strategy for defending thousands of Florida lawsuits filed by sick smokers or their survivors.
Those lawsuits began stacking up after the Supreme Court said in 2006 that such cases had to be heard individually, but also established critical findings about the health dangers of smoking and misrepresentation by cigarette makers.
In the closely watched case decided Tuesday, R.J. Reynolds challenged the way lower courts applied the 2006 decision, arguing the widow of Benny Martin was not forced to prove the company’s liability.
The cigarette maker had used the same strategy in defending other cases, such as a $15.75 million verdict in the death of an Alachua County smoker.
“Today, the Florida Supreme Court said, ‘No, we’re done hearing this,’" said Matt Schultz, a Pensacola attorney who represents the widow, Mathilde Martin.
R.J. Reynolds immediately vowed to appeal the case to the U.S. Supreme Court.