R.J. Reynolds Tobacco Co. v. Webb
Docket: No. 1D12-5063
Court: District Court of Appeal of Florida; December 16, 2013; Florida; State Appellate Court
Diane Webb brought a wrongful death suit against R.J. Reynolds Tobacco Company (RJR) following her father’s death from lung cancer, resulting in a jury awarding her $7.2 million in compensatory damages and $72 million in punitive damages. The previous appeal led to the vacating of this award due to concerns that it was influenced by passion rather than factual evidence, and the case was remanded for either a new trial on damages or a remittitur. Upon remand, Webb requested reduced damages of $4 million in compensatory and $25 million in punitive damages, while RJR sought drastically lower amounts. The trial court issued an order reducing the compensatory damages to $3.6 million, factoring in Mr. Horner's comparative fault, and stated RJR would only be entitled to a new trial if Webb elected it. After Webb consented to the remittitur and RJR objected, the court entered an amended judgment totaling $28.6 million. RJR appealed, arguing the court erred by not granting a new trial after their objection. The court referenced Section 768.74 of Florida Statutes, which allows for a new trial if the adversely affected party does not agree with a remittitur. Citing the Florida Supreme Court’s ruling in Waste Management, Inc. v. Mora, the court determined RJR qualified as the adversely affected party due to its objection and thus was entitled to a new trial on damages. The previous judgment was reversed and remanded for a new trial on damages.