Aycock v. R.J. Reynolds Tobacco Co., No. 13-14060 (11th Cir. 2014)Annotate this Case
Following a jury verdict awarding compensatory damages to plaintiff, Reynolds appealed the final judgment. Plaintiff was awarded compensatory damages based on the loss of support and services, loss of companionship and protection, and her mental pain and suffering, as a result of her husband's lung cancer and death, the legal cause of which was attributed to his addiction to smoking cigarettes manufactured by Reynolds. The court concluded that the district court erred in granting plaintiff's motion in limine to exclude evidence of the deceased's alcohol abuse as it related to his death under Rule 403 where the evidence was highly probative and did not cause a high amount of unfair prejudice. Accordingly, the court reversed and remanded for a new trial.