Reider v. Phillip Morris USA, Inc., No. 14-11494 (11th Cir. 2015)Annotate this Case
Plaintiff filed suit against Phillip Morris after her husband's death, alleging claims of fraudulent concealment, conspiracy, negligence, and strict liability under Florida law. The jury found Phillip Morris comparatively liable for the husband's injuries and death but awarded plaintiff no damages. Plaintiff argued to the district court that the verdict was inconsistent with liability and that the jury did not follow the district court's instructions. The district court denied plaintiff's request and then plaintiff moved for a mistrial based on the same reasons. The district court denied the motion. The court held that a party’s post-trial claim that a jury verdict is inconsistent does not preserve for appeal the separate and legally
distinct claim that the verdict was the result of an unlawful jury compromise. Accordingly, the court affirmed the district court's order denying plaintiff's motion for a new trial, as well as the final judgment entered on the jury's verdict.