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Supreme Court agrees to hear smoke case

in Statewide/Top Headlines by

The state’s highest court agreed to hear an appeal of a punitive damages award against the R.J. Reynolds Tobacco Co. in the case of a man who died from smoking, according to filings.

The Florida Supreme Court accepted jurisdiction last Thursday, court dockets show.

At trial, a jury found smoker James E. Schoeff 25 percent at fault in his death. He had “died from lung cancer ‘caused by his addiction to cigarettes,’ ” according to court documents. 

It awarded his wife Joan Schoeff $10.5 million in compensatory damages and $30 million in punitive damages, even after her lawyer asked jurors not to go above $25 million.

The trial judge later reduced the compensatory damages award to almost $7.9 million but let stand the punitive damages amount. R.J. Reynolds appealed, calling the punitive damages “unconstitutionally excessive.”

The 4th District Court of Appeal in West Palm Beach agreed with RJR that the award “falls on the excessive side of the spectrum,” according to its opinion. One judge in the three-judge panel dissented.

Schoeff then appealed to the Supreme Court, noting the decision conflicted with other appellate courts in Florida.  

The high court did not immediately set a timetable.

Before joining Florida Politics, journalist and attorney James Rosica was state government reporter for The Tampa Tribune. He attended journalism school in Washington, D.C., working at dailies and weekly papers in Philadelphia after graduation. Rosica joined the Tallahassee Democrat in 1997, later moving to the courts beat, where he reported on the 2000 presidential recount. In 2005, Rosica left journalism to attend law school in Philadelphia, afterwards working part time for a public-interest law firm. Returning to writing, he covered three legislative sessions in Tallahassee for The Associated Press, before joining the Tribune’s re-opened Tallahassee bureau in 2013. He can be reached at [email protected]

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