Products Liability Law Reporter

Frank Gafney began smoking cigarettes at the age of 14, when he lived in Cleveland. He continued smoking for the next 40 years and used various brands, including Lucky Strike, Camel, Kent, and True cigarettes. When he was 59, he was diagnosed as having lung cancer, necessitating radiation treatment. Four months later, however, Gafney died. He is survived by his wife and three adult children.

His estate filed suit against R.J. Reynolds Tobacco Co., and a jury found in the plaintiff’s favor. An intermediate appellate court reversed and ordered a new trial based on plaintiff counsel’s comments made during rebuttal closing arguments.

A retrial of the plaintiff’s claims resulted in a $1 million verdict. The jury found the defendant liable for negligence, strict liability, and conspiracy to commit fraud by concealment.

Citation: Gafney v. R.J. Reynolds Tobacco Co., No. 2007CA020540 (Fla. Cir. Ct. Palm Beach Cnty. Feb. 22, 2019).

Plaintiff counsel: AAJ members James Gustafson Jr. and Cameron Kennedy, both of Tallahassee, Fla.; and AAJ member David Sales, Sarasota, Fla.

Plaintiff experts: Mike Cummings, company conduct, Charleston, S.C.; David Burns, addiction and company policy statements, San Diego; and Marc Kaye, radiology, Fort Lauderdale, Fla.