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Anna Louise Huish v. RJ Reynolds Tobacco Co. and Philip Morris
Date: 02-25-2011
Case Number: 01-08-CA-003714, Div. J
Judge:
Court: Circuit Court, Alachua County, Florida
Plaintiff's Attorney: Searcy, Denney, Scarola, Barnhart & Shipley, West Palm Beach, Florida
Defendant's Attorney: J.W. Prichard, Jr., Robert B. Parrish, Moseley, Prichard, Parrish, Knight & Jones, Jacksonville, Florida
Stephanie E. Parker, John Yarber, John Michael Walker, Jones Day
Atlanta, Georgia
Karen C. Dyer, Esquire
kdyer@bsfllp.com
Lawrence V. Ashe, Motty Shulman, George R. Coe, Marcy N. Lynch, Robert M. Norway, Boies, Schiller & Flexner LLP, Philip Morris USA Inc., Orlando , Florida, Dana G. Bradford, II, Smith Gambrell Russell, LLP, Jacksonville, Florida,
James B. Murphy, Joshua R. Brown, Nailah A. Jaffree, Shook, Hardy & Bacon, L.L.P., Tampa, Florida, Elliot H. Scherker, Greenberg Traurig, P.A., Miami, FL,
John A. DeVault, Patrick P. Coll, Bedell Dittmar DeVault Pillans & Coxe,
Jacksonville, FL
Description:
Plaintiff ANNA LOUISE HUISH, Personal Representative of the ESTATE OF JOHN DELBERT HUISH, sues Defendants, R.J. REYNOLDS TOBACCO COMPANY, PHILIP MORRIS—USA, INC., LORILLARD TOBACCO COMPANY, LORILLARD, INC., LIGGETT GROUP LLC, (f/k/a Liggett Group, Inc., f/k/a Liggett & Myers Tobacco Company) and VECTOR GROUP, LTD., INC. (f/k/a Brooke Group, Ltd.) and alleges as follows:
1. Plaintiff is a member of the class of persons described by the Supreme Court of Florida in Engle v. Liggett Group, Inc., 945 So.2d 1246 (Fla. 2006) ("Engleâ€). Plaintiffs bring this action pursuant to Engle.
Huish, John Delbert E/O v. R.J. Reynolds Tobacco Co., et al.
Case No. 01-08-CA-003714, Div. J
Second Amended Severed Complaint
2. Plaintiff Anna Louise Huish is the Personal Representative of the Estate of John Delbert Huish. John Delbert Huish left one "survivor†within the meaning of Florida's Wrongful Death Act, his spouse Anna Louise Huish.
3. The Decedent herein, John Delbert Huish, is referred to as the "Decedent†or the "Smoker.â€
4. Defendant R.J. Reynolds Tobacco Company ("R.J. Reynoldsâ€), individually and as successor by merger to Brown & Williamson Tobacco Corporation, individually and as successor by merger to The American Tobacco Company, is a North Carolina corporation that conducts business in the State of Florida, including Alachua County, and did so during all times relevant to this action.
5. Defendant Philip Morris—USA Inc. ("Philip Morrisâ€) is a Virginia corporation that conducts business in the State of Florida, including Alachua County, and did so during all times relevant to this action.
6. Defendant Lorillard Tobacco Company is a Delaware corporation that conducts business in the State of Florida, including Alachua County, and did so during all times relevant to this action.
7. Defendant Lorillard, Inc. is a Delaware corporation that conducts business in the State of Florida, including Alachua County, and did so during all times relevant to this action.
8. Defendant Liggett Group, LLC ("Liggettâ€) is a Delaware limited liability company that conducts business in the State of Florida, including Alachua County, and did so
during all times relevant to this action. Liggett is a "citizen†of Florida for purposes of 28 U.S.C. §1331 because one or more of the members of Liggett is a "citizen†of Florida.
9. Defendant Vector Group, Ltd., Inc. ("Vectorâ€) is a Delaware corporation that conducts business in the State of Florida and has its principal place of business in Miami, Dade County, Florida, making it a "citizen†of Florida for purposes of 28 U.S.C. §1331. Vector is the successor to Liggett or the alter ego of Liggett, such that Vector is ultimately or vicariously liable any judgment entered against Liggett herein. Vector and Liggett are also the successors to or alter egos of Liggett, Brooke Group, Ltd., Inc. and Brooke Group Holding, Inc., which were among the defendants in the Engle class action.
10. The Council for Tobacco Research U.S.A., Inc. (the "Councilâ€) and the Tobacco Institute, Inc. (the "Instituteâ€), at all times relevant to this action, were involved in promotion, lobbying, medical research, legislative and political activities or related ventures throughout Florida and the United States both in connection with and on behalf of the Defendants.
11. At all times relevant to this action, all Defendants manufactured and distributed tobacco products containing nicotine throughout Florida and the United States. The Defendants, including Vector, were and remain Engle defendants.
12. In Engle, the Florida Supreme Court approved certification for liability purposes of a class including all Florida citizens and residents, and their survivors, who have suffered, presently suffer, or who have died from diseases and medical conditions caused by their addiction to cigarettes that contain nicotine.
13. At all times relevant to this action, the Smoker was a Florida resident and citizen (1) who was addicted to, purchased, and smoked cigarettes containing nicotine that were designed, manufactured, advertised and marketed by one or more of the Defendants and (2) who did so in sufficient quantities and for a sufficient time period to cause injury in the form of diseases and medical conditions described herein.
14. The Florida Supreme Court decertified the Engle class because class-wide treatment of causation and damages was not feasible. The Florida Supreme Court expressly reserved to class members, including Plaintiff, the right to bring individual actions against Defendants for smoking-related injuries and damages, including punitive damages.
15. Less than one year has elapsed since the Florida Supreme Court's mandate issued. Therefore, this action is timely.
16. Plaintiff is entitled to the benefit of the Phase I findings and each Plaintiff asserts and alleges those findings as conclusively established in this action as follows (¶¶17-24):
17. Smoking cigarettes causes aortic aneurysm, bladder cancer, cerebrovascular disease, cervical cancer, chronic obstructive pulmonary disease, coronary heart disease, esophageal cancer, kidney cancer, laryngeal cancer, lung cancer (specifically, adenocarcinoma, large cell carcinoma, small cell carcinoma, and squamous cell carcinoma), complications of pregnancy, oral cavity/tongue cancer, pancreatic cancer, peripheral vascular disease, pharyngeal cancer, and stomach cancer.
18. Nicotine in cigarettes is addictive.
19. Defendants placed cigarettes on the market that were defective and unreasonably dangerous.
20. Defendants concealed or omitted material information not otherwise known or available, knowing that the material was false or misleading or failed to disclose a material fact concerning the health effects or addictive nature of smoking cigarettes or both.
21. Defendants agreed to conceal or omit information regarding the health effects of cigarettes or their addictive nature with the intention that smokers and the public would rely on this information to their detriment.
22. Defendants sold or supplied cigarettes that were defective.
23. Defendants sold or supplied cigarettes that, at the time of sale or supply, did not conform to representations of fact made by Defendants.
24. All Defendants were negligent.
25. The Smoker smoked cigarettes manufactured and sold by each and every one of the Defendants and their predecessors in interest. The cigarette brands smoked by the Smoker include, but are not limited to the following, (a) Liggett and Vector (Chesterfield); (b) Philip Morris (Marlboro, Lucky Strike); R. J. Reynolds (Camel). The Smoker suffered from and died due to one or more of the diseases and medical conditions described, including lung cancer, which was caused by his addiction to cigarettes that contain nicotine and each of which manifested during the class period.
26. The Smoker bears some measure of fault, but less than 100% of the applicable fault, for causing his respective smoking-related injuries. The Smoker's acts or omissions
relating to the frequency and duration of his efforts to quit smoking were a partial proximate cause, in combination with the acts and omissions of Defendants, of his injuries. Plaintiff therefore seeks apportionment of fault and damages.
27. Venue is proper in this Circuit because, at all times material to this action, the Smoker either resided, suffered injuries or died in Alachua County, Florida.
COUNT I: STRICT LIABILITY
28. Plaintiff hereby realleges and incorporates the allegations contained in paragraphs 1-27.
29. The Engle Phase I findings conclusively establish that the cigarettes sold and placed on the market by Defendants were defective and unreasonably dangerous.
30. As a proximate result of smoking the defective cigarettes sold and placed on the market by one or more Defendants, the Smoker died and the Estate is entitled to recover all damages specified in Florida's Wrongful Death Act.
COUNT II: FRAUD BY CONCEALMENT
31. Plaintiff hereby realleges and incorporates the allegations contained in paragraphs 1-27.
32. The Engle Phase I findings conclusively establish that Defendants concealed or omitted material information not otherwise known or available knowing that the material was false or misleading or failed to disclose a material fact concerning the health effects or addictive nature of smoking cigarettes or both.
33. The Defendants' actions constitute fraud.
34. As a proximate result of Defendants' fraud, the Smoker died and the Estate is entitled to recover all damages specified in Florida's Wrongful Death Act.
COUNT III: CONSPIRACY TO COMMIT FRAUD BY CONCEALMENT
35. Plaintiff hereby realleges and incorporates the allegations contained in paragraphs 1-27.
36. The Engle Phase I findings conclusively establish that Defendants, the Council, and the Institute, agreed to conceal or omit information regarding the health effects of cigarettes or their addictive nature with the intention that smokers and the public would rely on this information to their detriment.
37. The Defendants' actions, and those of the Council and Institute, constitute a successful conspiracy to commit fraud.
38. As a proximate result of Defendants' conspiracy to commit fraud, the Smoker died and the Estate is entitled to recover all damages specified in Florida's Wrongful Death Act.
COUNT IV: NEGLIGENCE
39. Plaintiff hereby realleges and incorporates the allegations contained in paragraphs 1-27.
40. The Engle Phase I findings conclusively establish that the Defendants were negligent.
41. As a proximate result of the Defendants' negligence, the Smoker died and the Estate is entitled to recover all damages specified in Florida's Wrongful Death Act.
COUNT V: PUNITIVE DAMAGES
42. Plaintiff hereby realleges and incorporates the allegations contained in paragraphs 1-27.
43. Each Defendant engaged in conduct that was fraudulent and conspired to engage
in such conduct, or engaged in conduct, with such gross negligence as to indicate a willful and wanton disregard for the rights of others, including Plaintiff.
44. As a direct and proximate result of this conduct, Plaintiff and Plaintiff's Decedent were injured.
The defenses asserted by Defendants are not available.
1. Plaintiff is a member of the class of persons described by the Supreme Court of Florida in Engle v. Liggett Group, Inc., 945 So.2d 1246 (Fla. 2006) ("Engleâ€). Plaintiffs bring this action pursuant to Engle.
Huish, John Delbert E/O v. R.J. Reynolds Tobacco Co., et al.
Case No. 01-08-CA-003714, Div. J
Second Amended Severed Complaint
2. Plaintiff Anna Louise Huish is the Personal Representative of the Estate of John Delbert Huish. John Delbert Huish left one "survivor†within the meaning of Florida's Wrongful Death Act, his spouse Anna Louise Huish.
3. The Decedent herein, John Delbert Huish, is referred to as the "Decedent†or the "Smoker.â€
4. Defendant R.J. Reynolds Tobacco Company ("R.J. Reynoldsâ€), individually and as successor by merger to Brown & Williamson Tobacco Corporation, individually and as successor by merger to The American Tobacco Company, is a North Carolina corporation that conducts business in the State of Florida, including Alachua County, and did so during all times relevant to this action.
5. Defendant Philip Morris—USA Inc. ("Philip Morrisâ€) is a Virginia corporation that conducts business in the State of Florida, including Alachua County, and did so during all times relevant to this action.
6. Defendant Lorillard Tobacco Company is a Delaware corporation that conducts business in the State of Florida, including Alachua County, and did so during all times relevant to this action.
7. Defendant Lorillard, Inc. is a Delaware corporation that conducts business in the State of Florida, including Alachua County, and did so during all times relevant to this action.
8. Defendant Liggett Group, LLC ("Liggettâ€) is a Delaware limited liability company that conducts business in the State of Florida, including Alachua County, and did so
during all times relevant to this action. Liggett is a "citizen†of Florida for purposes of 28 U.S.C. §1331 because one or more of the members of Liggett is a "citizen†of Florida.
9. Defendant Vector Group, Ltd., Inc. ("Vectorâ€) is a Delaware corporation that conducts business in the State of Florida and has its principal place of business in Miami, Dade County, Florida, making it a "citizen†of Florida for purposes of 28 U.S.C. §1331. Vector is the successor to Liggett or the alter ego of Liggett, such that Vector is ultimately or vicariously liable any judgment entered against Liggett herein. Vector and Liggett are also the successors to or alter egos of Liggett, Brooke Group, Ltd., Inc. and Brooke Group Holding, Inc., which were among the defendants in the Engle class action.
10. The Council for Tobacco Research U.S.A., Inc. (the "Councilâ€) and the Tobacco Institute, Inc. (the "Instituteâ€), at all times relevant to this action, were involved in promotion, lobbying, medical research, legislative and political activities or related ventures throughout Florida and the United States both in connection with and on behalf of the Defendants.
11. At all times relevant to this action, all Defendants manufactured and distributed tobacco products containing nicotine throughout Florida and the United States. The Defendants, including Vector, were and remain Engle defendants.
12. In Engle, the Florida Supreme Court approved certification for liability purposes of a class including all Florida citizens and residents, and their survivors, who have suffered, presently suffer, or who have died from diseases and medical conditions caused by their addiction to cigarettes that contain nicotine.
13. At all times relevant to this action, the Smoker was a Florida resident and citizen (1) who was addicted to, purchased, and smoked cigarettes containing nicotine that were designed, manufactured, advertised and marketed by one or more of the Defendants and (2) who did so in sufficient quantities and for a sufficient time period to cause injury in the form of diseases and medical conditions described herein.
14. The Florida Supreme Court decertified the Engle class because class-wide treatment of causation and damages was not feasible. The Florida Supreme Court expressly reserved to class members, including Plaintiff, the right to bring individual actions against Defendants for smoking-related injuries and damages, including punitive damages.
15. Less than one year has elapsed since the Florida Supreme Court's mandate issued. Therefore, this action is timely.
16. Plaintiff is entitled to the benefit of the Phase I findings and each Plaintiff asserts and alleges those findings as conclusively established in this action as follows (¶¶17-24):
17. Smoking cigarettes causes aortic aneurysm, bladder cancer, cerebrovascular disease, cervical cancer, chronic obstructive pulmonary disease, coronary heart disease, esophageal cancer, kidney cancer, laryngeal cancer, lung cancer (specifically, adenocarcinoma, large cell carcinoma, small cell carcinoma, and squamous cell carcinoma), complications of pregnancy, oral cavity/tongue cancer, pancreatic cancer, peripheral vascular disease, pharyngeal cancer, and stomach cancer.
18. Nicotine in cigarettes is addictive.
19. Defendants placed cigarettes on the market that were defective and unreasonably dangerous.
20. Defendants concealed or omitted material information not otherwise known or available, knowing that the material was false or misleading or failed to disclose a material fact concerning the health effects or addictive nature of smoking cigarettes or both.
21. Defendants agreed to conceal or omit information regarding the health effects of cigarettes or their addictive nature with the intention that smokers and the public would rely on this information to their detriment.
22. Defendants sold or supplied cigarettes that were defective.
23. Defendants sold or supplied cigarettes that, at the time of sale or supply, did not conform to representations of fact made by Defendants.
24. All Defendants were negligent.
25. The Smoker smoked cigarettes manufactured and sold by each and every one of the Defendants and their predecessors in interest. The cigarette brands smoked by the Smoker include, but are not limited to the following, (a) Liggett and Vector (Chesterfield); (b) Philip Morris (Marlboro, Lucky Strike); R. J. Reynolds (Camel). The Smoker suffered from and died due to one or more of the diseases and medical conditions described, including lung cancer, which was caused by his addiction to cigarettes that contain nicotine and each of which manifested during the class period.
26. The Smoker bears some measure of fault, but less than 100% of the applicable fault, for causing his respective smoking-related injuries. The Smoker's acts or omissions
relating to the frequency and duration of his efforts to quit smoking were a partial proximate cause, in combination with the acts and omissions of Defendants, of his injuries. Plaintiff therefore seeks apportionment of fault and damages.
27. Venue is proper in this Circuit because, at all times material to this action, the Smoker either resided, suffered injuries or died in Alachua County, Florida.
COUNT I: STRICT LIABILITY
28. Plaintiff hereby realleges and incorporates the allegations contained in paragraphs 1-27.
29. The Engle Phase I findings conclusively establish that the cigarettes sold and placed on the market by Defendants were defective and unreasonably dangerous.
30. As a proximate result of smoking the defective cigarettes sold and placed on the market by one or more Defendants, the Smoker died and the Estate is entitled to recover all damages specified in Florida's Wrongful Death Act.
COUNT II: FRAUD BY CONCEALMENT
31. Plaintiff hereby realleges and incorporates the allegations contained in paragraphs 1-27.
32. The Engle Phase I findings conclusively establish that Defendants concealed or omitted material information not otherwise known or available knowing that the material was false or misleading or failed to disclose a material fact concerning the health effects or addictive nature of smoking cigarettes or both.
33. The Defendants' actions constitute fraud.
34. As a proximate result of Defendants' fraud, the Smoker died and the Estate is entitled to recover all damages specified in Florida's Wrongful Death Act.
COUNT III: CONSPIRACY TO COMMIT FRAUD BY CONCEALMENT
35. Plaintiff hereby realleges and incorporates the allegations contained in paragraphs 1-27.
36. The Engle Phase I findings conclusively establish that Defendants, the Council, and the Institute, agreed to conceal or omit information regarding the health effects of cigarettes or their addictive nature with the intention that smokers and the public would rely on this information to their detriment.
37. The Defendants' actions, and those of the Council and Institute, constitute a successful conspiracy to commit fraud.
38. As a proximate result of Defendants' conspiracy to commit fraud, the Smoker died and the Estate is entitled to recover all damages specified in Florida's Wrongful Death Act.
COUNT IV: NEGLIGENCE
39. Plaintiff hereby realleges and incorporates the allegations contained in paragraphs 1-27.
40. The Engle Phase I findings conclusively establish that the Defendants were negligent.
41. As a proximate result of the Defendants' negligence, the Smoker died and the Estate is entitled to recover all damages specified in Florida's Wrongful Death Act.
COUNT V: PUNITIVE DAMAGES
42. Plaintiff hereby realleges and incorporates the allegations contained in paragraphs 1-27.
43. Each Defendant engaged in conduct that was fraudulent and conspired to engage
in such conduct, or engaged in conduct, with such gross negligence as to indicate a willful and wanton disregard for the rights of others, including Plaintiff.
44. As a direct and proximate result of this conduct, Plaintiff and Plaintiff's Decedent were injured.
The defenses asserted by Defendants are not available.
Outcome:
Plaintiff's verdict for $3 million including $1.5 million against RJ Reynolds and $1.5 million against Philip Morris plus $750,000 in compensatory damages.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Anna Louise Huish v. RJ Reynolds Tobacco Co. and Philip M...?
The outcome was: Plaintiff's verdict for $3 million including $1.5 million against RJ Reynolds and $1.5 million against Philip Morris plus $750,000 in compensatory damages.
Which court heard Anna Louise Huish v. RJ Reynolds Tobacco Co. and Philip M...?
This case was heard in Circuit Court, Alachua County, Florida, FL.
Who were the attorneys in Anna Louise Huish v. RJ Reynolds Tobacco Co. and Philip M...?
Plaintiff's attorney: Searcy, Denney, Scarola, Barnhart & Shipley, West Palm Beach, Florida. Defendant's attorney: J.W. Prichard, Jr., Robert B. Parrish, Moseley, Prichard, Parrish, Knight & Jones, Jacksonville, Florida Stephanie E. Parker, John Yarber, John Michael Walker, Jones Day Atlanta, Georgia Karen C. Dyer, Esquire kdyer@bsfllp.com Lawrence V. Ashe, Motty Shulman, George R. Coe, Marcy N. Lynch, Robert M. Norway, Boies, Schiller & Flexner LLP, Philip Morris USA Inc., Orlando , Florida, Dana G. Bradford, II, Smith Gambrell Russell, LLP, Jacksonville, Florida, James B. Murphy, Joshua R. Brown, Nailah A. Jaffree, Shook, Hardy & Bacon, L.L.P., Tampa, Florida, Elliot H. Scherker, Greenberg Traurig, P.A., Miami, FL, John A. DeVault, Patrick P. Coll, Bedell Dittmar DeVault Pillans & Coxe, Jacksonville, FL.
When was Anna Louise Huish v. RJ Reynolds Tobacco Co. and Philip M... decided?
This case was decided on February 25, 2011.