Products Liability Law Reporter

Olga Ferraiuolo reportedly began smoking cigarettes in the late 1950s. She smoked various brands, including Merit, Pall Mall, and Benson & Hedges, and was unable to quit until she was diagnosed as having lung cancer. Ferraiuolo died of her disease at age 67 and is survived by her two adult daughters.

Ferraiuolo’s estate brought an Engle progeny suit against Philip Morris USA Inc. and R.J. Reynolds Tobacco Co., alleging that the defendants’ cigarettes were the legal cause of Ferraiuolo’s lung cancer and death.

Suit did not claim lost income or medical expenses.

The defense argued that Ferraiuolo had made the choice to smoke and knew the risks.

The jury awarded the plaintiff approximately $11 million, apportioning liability at 28% to Philip Morris, 17% to R.J. Reynolds, and 55% to Ferraiuolo.

The award includes $10 million in punitive damages against Philip Morris. Posttrial motions are pending.

Citation: Smith v. Philip Morris USA Inc., No. 2008-CA-000399 (Fla. Cir. Ct. Duval Cnty. Nov. 15, 2023).

Plaintiff counsel: AAJ members Rodney Smith and Dawn Vallejos-Nichols, both of Gainesville, Fla.; and Richard Lantinberg, Jacksonville, Fla.

Plaintiff experts: K. Michael Cummings, epidemiology, Charleston, S.C.; Richard Hurt, tobacco use and dependence, Rochester, Minn.; Luis Villa, oncology, Miami; Frederick Raffa, economics, Orlando, Fla.; and Judith Prochaska, marketing, Palo Alto, Calif.