Products Liability Law Reporter
Tobacco
You must be a Products Liability Law Reporter subscriber to access this content.
If you are a member of the Products Liability Section or a subscriber, log in below. Not yet a Section member? Join today!
Join the Products Liability SectionAlready a subscriber? Log in
Jury Finds Philip Morris Liable for Smoker’s Laryngeal Cancer
December 2019/January 2020Del Real v. Philip Morris, No. 2007-CA-032909 (Fla. Cir. Ct. Dade Cnty. Sept. 24, 2019).
Alvarez Del Real began smoking Marlboro cigarettes in the 1980s. He smoked at least a pack a day for 16 years and was later diagnosed as having laryngeal cancer, which necessitated the removal of his larynx. Now 69, he is unable to continue working as a truck driver and has a stoma in his throat.
Del Real brought an Engle progeny suit against Philip Morris, arguing that his addiction to nicotine led to his cancer.
The defense disputed the length of time Del Real had smoked and contended that smoking had not caused his laryngeal cancer.
The jury awarded the plaintiff $1.35 million, including $150,000 in punitive damages. The jury found that the plaintiff was 70% responsible for his injuries.
Plaintiff counsel: Jose Menendez, Coral Gables, Fla.; and Austin Carr, Fort Lauderdale, Fla.
