PHILIP MORRIS USA, INC. v. BARBANELL

No. 4D09-3987.

PHILIP MORRIS USA, INC., Appellant, v. LEON BARBANELL, as Personal Representative of the Estate of Shirley Barbanell, deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

February 22, 2012.


Attorney(s) appearing for the Case

Stephen N. Zack and Andrew S. Brenner of Boies, Schiller & Flexner, LLP, Miami, William P. Geraghty of Shook, Hardy & Bacon, LLP, Miami, and Jennifer L. Brown of Shook, Hardy & Bacon, LLP, San Francisco, California, and Gary L. Sasso of Carlton Fields, Tampa, for appellant.

Bard D. Rockenbach of Burlington & Rockenbach, P.A., West Palm Beach, Steven J. Hammer and Jonathan Gdanski of the Law Offices of Sheldon J. Schlesinger, P.A., Fort Lauderdale, for appellee.


LEVINE, J.

Appellant, Philip Morris USA, Inc., appeals a final judgment in favor of appellee, who cross-appeals the trial court's granting of a directed verdict as to claims for fraudulent concealment and punitive damages. As to the direct appeal, appellant brings two issues for our consideration. The first issue presented is whether the trial court misapplied Engle v. Liggett Group, Inc., 945 So.2d 1246 (Fla. 2006)...

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