R.J. REYNOLDS TOBACCO COMPANY, APPELLANT/CROSS-APPELLEE,
v.
GLORIA CLAYTON, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DAVID CLAYTON, APPELLEE/CROSS-APPELLANT
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In this tobacco litigation case arising from the Engle class action, R.J. Reynolds Tobacco Company appealed a judgment in favor of the estate of David Clayton, challenging certain taxable costs awarded by the trial court. The appellate court partially reversed, finding that certain expert witness administrative expenses ($3,150 in clerical and administrative fees) were improperly awarded as costs, but affirmed other cost awards and rejected the estate's cross-appeal argument regarding punitive damages.
The court reversed the award of $3,150 in expert witness administrative fees for clerical tasks such as printing, organizing, and stapling documents, finding these were improperly taxed as costs. The court affirmed the trial court's conclusion that Engle class members are prohibited from recovering punitive damages on negligence and strict liability claims, relying on the authority of Soffer v. R.J. Reynolds Tobacco Co.
[1] Clerical and administrative tasks performed by an expert witness, such as printing, organizing, and stapling documents, are not taxable as costs.
[2] Overhead, clerical, and administrative expenses incurred by expert witnesses are generally not recoverable as taxable costs.
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Join FLexlaw to unlock all legal intelligence“the trial court abused its discretion in awarding Appellee certain taxable costs. We agree with Appellant as to the $3,150 in fees paid to Dr. Ahluwalia for various clerical and administrative tasks he performed, including time spent printing, organizing, and stapling documents.”
Establishes the court's holding that administrative and clerical expenses of expert witnesses are improper as taxable costs
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Join FLexlaw to unlock all legal intelligenceDavid Clayton's estate, represented by Gloria Clayton, brought suit against R.J. Reynolds Tobacco Company in an Engle progeny case. The trial court en…
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In this Engle progeny case,1 Appellant, R.J. Reynolds Tobacco Company, appeals a Final Judgment entered in favor of Ap-pellee, Gloria Clayton, as the Personal Representative of the Estate of David Clayton. Appellant argues in part that the trial court abused its discretion in awarding Appellee certain taxable costs. We agree with Appellant as to the $3,150 in fees paid to Dr. Ahluwalia for various clerical and administrative tasks he performed, including time spent printing, organizing, and stapling documents. See Seigler v. Gen. Leisure Corp., 289 So.2d 429, 430 (Fla. 1st DCA 1974) (agreeing with the appellants that the trial court erred in taxing as costs the $25 incurred by each of the expert witnesses for overhead, clerical, and administrative expenses); see also Centex-Rooney Constr. Co., Inc. v. Martin Cty., 725 So.2d 1255, 1261 (Fla. 4th DCA 1999) (citing Seigler and reversing the award of certain administrative expenses of the expert engineers, including meals, equipment, postage and freight, equipment maintenance, printing, communication charges, temporary help, documents processing, graphics, and “similar” administrative expenses). As to the other challenged costs on appeal, we find no abuse of discretion in the trial court’s award.
As for Appellee’s argument on cross-appeal that the trial court erred in concluding that Engle class members are prohibited from recovering punitive damages on negligence and strict liability claims, we affirm on the authority of Soffer v. R.J. Reynolds Tobacco Co., 106 So.3d 456, 457 (Fla. 1st DCA 2012), rev. granted, R.J. Reynolds Tobacco Co. v. Soffer, 139 So.3d 887 (Fla.2014).
AFFIRMED in part; REVERSED in part; and REMANDED.
LEWIS, WETHERELL, and MAKAR, JJ., concur.
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Citator
Authorities Cited
- Howard A. Engle, M.D. v. Liggett Grp., Inc., 945 So. 2d 1246 (Fla. 2006)
- Centex-Rooney Constr. Co., Inc. v. Martin Cnty., 725 So. 2d 1255 (Fla. 4th DCA 1999)
- Soffer v. R.J. Reynolds Tobacco Co., 106 So. 3d 456 (Fla. 1st DCA 2012)
- Seigler v. The Gen. Leisure Corp. & St. Paul Fire & Marine Ins. Co., 289 So. 2d 429 (Fla. 1st DCA 1974)