R.J. REYNOLDS TOBACCO COMPANY
v.
LAUREN LEVINE, ETC.

Fla. 3d DCA | 2024-04-17
No. 2022-1803
352 So. 3d 404 Florida District Court of Appeal, Third District (2024) Positive Treatment
Cited by 1 case

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Synopsis

The Third District Court of Appeal affirmed the trial court's decision in this tobacco liability case involving R.J. Reynolds Tobacco Company and plaintiff Lauren Levine, upholding the admission of evidence regarding smoking-related deaths and rejecting arguments that trial conduct was improper or prejudicial.


Holding

The court affirmed the trial court's rulings, concluding that the admission of evidence regarding smoking deaths did not constitute an abuse of discretion and that any potentially improper conduct was not so highly prejudicial and inflammatory as to deprive the defendant of a fair trial.


Headnotes

[1] A trial court does not abuse its discretion in permitting introduction of evidence and argument regarding the number of deaths caused by smoking in a tobacco products lia…

[2] Closing argument conduct, even if improper, does not warrant reversal unless it is so highly prejudicial and inflammatory as to deny the opposing party its right to a fai…

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Key Quotes

“We conclude that the trial court did not abuse its discretion in permitting Plaintiff to introduce evidence and present argument regarding the number of deaths caused by smoking”

Establishes that evidence of smoking-related deaths is properly admissible in tobacco litigation

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Facts & Procedural History

The case involves a dispute between R.J. Reynolds Tobacco Company and Lauren Levine regarding damages allegedly caused by smoking. The trial court per…

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Opinion of the Court

PER CURIAM.

Affirmed. Philip Morris USA, Inc. v. Ledoux, 230 So. 3d 530, 536 (Fla. 3d DCA 2017) (“We conclude that the trial court did not abuse its discretion in permitting Plaintiff to introduce evidence and present argument regarding the number of deaths caused by smoking . . . .”); Philip Morris USA Inc. v. Garcia, 352 So. 3d 404, 405 (Fla. 3d DCA 2022) (“[T]he conduct complained of, if improper, was not ‘so highly prejudicial and inflammatory that it denied the opposing party its right to a fair trial.’”); R.J. Reynolds Tobacco Co. v. Schleider, 273 So. 3d 63, 71 (Fla. 3d DCA 2018) (“[The jury] found in favor of R.J. Reynolds on the question of punitive damages and concealment; awarded less than the compensatory amount requested for the daughter; and attributed a higher percentage of comparative negligence to [the decedent] than what Plaintiffs' counsel argued for in closing. These actions by the jury strongly indicate the jury was not inflamed, prejudiced, or improperly mislead by closing arguments.”).


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Citator

Cited By

  • R.J. Reynolds Tobacco Co. v. Levine, 352 So. 3d 404 (Fla. 3d DCA 2024)
    …, 536 (Fla. 3d DCA 2017) (“We conclude that the trial court did not abuse its discretion in permitting Plaintiff to introduce evidence and present argument regarding the number of deaths caused by smoking . . . .”); Philip Morris USA Inc. v. Garcia, 352 So. 3d 404, 405 (Fla. 3d DCA 2022) (“[T]he conduct complained of, if improper, was not ‘so highly prejudicial and inflammatory that it denied the opposing party its right to a fair trial.’”); R.J. Reynolds Tobacco Co. v. Schleider, 273 So. 3d 63, 71 (Fla. 3d D…
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