Smith vs. Brown & Williamson Tobacco CorporationAnnotate this Case
The survivors of Barbara Smith appealed a punitive damage award of $1.5 million against the Brown & Williamson Tobacco Corporation. The Smiths contended that certain evidence admitted by the trial court was outside the court of appeals' prior mandate, and erred in overruling their motion for a new trial on the grounds of juror nondisclosure. The company cross-appealed, contending that the Smiths failed to make a submissible case for punitive damages. Upon review, the Supreme Court concluded the appellate court's mandate did not address any issues concerning what evidence could be presented at the retrial of punitive damages, and that the trial court did not err in overruling the Smiths' motion for a new trial or the Company's motion for judgment notwithstanding the verdict. Accordingly, the Court affirmed.