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BURTON v. R.J. REYNOLDS TOBACCO CO.

No. 02-3262.

397 F.3d 906 (2005)

David BURTON, Plaintiff-Appellee, v. R.J. REYNOLDS TOBACCO COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 9, 2005.

Attorney(s) appearing for the Case

Robert H. Klonoff, Jones Day, Washington, D.C. (Paul R. Reichert, Jones Day, Washington, D.C., and M. Warren McCamish, Williamson & Cubbison, Kansas City, KS, and Sydney McDole and Catherine L. Bjorck, Jones Day, Dallas, TX, with him on the briefs) for Defendant-Appellant.

Kenneth B. McClain (Donald H. Loudon, Jr., and Scott B. Hall, with him on the brief), Humphrey Farrington & McClain, P.C., Independence, MO, for Plaintiff-Appellee.

Before EBEL, McKAY, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

David Burton ("Burton") sued R.J. Reynolds Tobacco Co. ("Reynolds") alleging that it caused the loss of his legs by fraudulently concealing, failing to warn of, and failing to test for the dangers of cigarette smoking. After a thirteen day trial, the jury found in Burton's favor on three of his claims for relief, authorized punitive damages, and awarded Burton $196,416 in compensatory damages. Subsequently, the court awarded Burton $15 million...

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