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R.J. REYNOLDS TOBACCO CO. v. BROWN

No. 4D09-2664.

70 So.3d 707 (2011)

R.J. REYNOLDS TOBACCO COMPANY, Appellant, v. Jimmie Lee BROWN, as Personal Representative to the Estate of Roger Brown, Deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

September 21, 2011.

Attorney(s) appearing for the Case

Gordon James III , Eric L. Lundt and Jeannine Cline Jacobson of Sedgwick LLP, Fort Lauderdale, Stephen J. Kaczynski of Jones Day, Ohio, Stephanie E. Parker , John F. Yarber , John M. Walker of Jones Day, Georgia, and Gregory G. Katsas of Jones Day, Washington D.C., for appellant.

Edward S. Schwartz and Phillip M. Gerson of Gerson & Schwartz, P.A., Miami, and Edward H. Zebersky of Zebersky Payne, Hollywood, for appellee.

DAMOORGIAN, J.

This case is the first of the post-Engle cases to reach this court following the Florida Supreme Court's decision in Engle v. Liggett Group, Inc., 945 So.2d 1246 (Fla. 2006) (hereinafter "Engle III").1 The primary issue on appeal is how the Engle jury findings should be applied in individual cases.

Historical Background of Engle

Engle...

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