Harris v. R.J. Reynolds Tobacco Co., No. 19-11907 (11th Cir. 2020)Annotate this Case
In this "Engle progeny" case, where Florida-resident smokers sought recovery from tobacco companies for cigarette-related injuries, the Eleventh Circuit reversed the district court's denial of defendants' motion for judgment in accordance with the verdict. Plaintiff brought an individual Phase III suit on behalf of her deceased husband, seeking the benefit of the Phase I jury's findings, arguing that her husband was a member of the original class based on two medical conditions.
The court concluded that plaintiff's husband had no medical condition that both was caused by cigarette addiction and manifested on or before the class cut-off date. Therefore, plaintiff's husband was not an Engle class member, and nothing in the Florida Supreme Court's treatment of Angie Della Vecchia, one of the three representative plaintiffs, requires the court to conclude otherwise. Furthermore, because plaintiff's husband was not a class member, Florida courts would not give preclusive effect to the Engle Phase I findings in this case. Neither did the court under the Full Faith and Credit Act. Without the preclusive effect of the Phase I findings, plaintiff failed to prove essential elements of her claims. In this case, plaintiff failed to demonstrate that the tobacco-company defendants acted tortiously, relying only on the Phase I findings.