Odom v. R.J. Reynolds Tobacco Co.Annotate this Case
A jury made a multimillion-dollar noneconomic damages award to an adult child whose mother died of lung cancer after finding through special interrogatories that the decedent’s addiction to cigarettes was a legal cause of her death. The Fourth District Court of Appeal overturned the award, making a “sweeping statement” that “no matter” what the evidence shows, “an adult child who lives independent of the parent during the parent’s smoking-related illness and death is not entitled to [a] multi-million dollar compensatory damages award.” The Supreme Court of Florida quashed that decision. The Fourth District misapplied the abuse of discretion standard to the trial court’s denial of a motion for remittitur and created of a bright-line cap on the amount of noneconomic damages a financially independent adult surviving child may be awarded for the wrongful death of a parent. Precedent entitles both a jury’s verdict and a trial judge’s ruling on a motion for remittitur to great deference. Neither the Legislature nor the Florida Supreme Court has established a cap on the amount of noneconomic damages a survivor may recover in a wrongful death action.