Trial Court Erred In Not Applying Comparative Fault, Florida Appeals Court Rules
Mealey's (August 3, 2015, 10:54 AM EDT) -- DAYTONA BEACH, Fla. — A Florida judge erred in failing to apply the doctrine of comparative fault in the trial of a suit that resulted in a $12.55 million verdict for a smoker with chronic obstructive pulmonary disease (COPD), the Fifth District Court of Appeal ruled July 31 (Philip Morris USA Inc. v. Lauren Green, et al., No. 5D13-3758, Fla. App., 5th Dist.).
(Opinion available. Document #04-150819-007Z.)
A three-judge panel of the court affirmed the verdict for plaintiff John Rizzuto by a jury in the Hernando...