Panel Misapplied Punitive Damages Statute, Smoker's Widow Tells Florida High Court

Mealey's (October 7, 2020, 1:20 PM EDT) -- TALLAHASSEE, Fla. — A Fifth District Florida Court of Appeal panel wrongly reversed a $5 million punitive damages verdict in favor of a smoker's widow and created conflict with three other appellate courts by determining that the state's post-1999 punitive damages statute was applicable to the widow's case based on her husband's 2007 death rather than ruling that the pre-1999 statute should apply as the cancer diagnosis and commencement of the lawsuit both occurred in 1994, the widow argues in her merits brief filed Oct. 2 in the Florida Supreme Court (Mary E. Sheffield v. R.J. Reynolds Tobacco Co., No. SC19-601, Fla. Sup.)....