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PHILIP MORRIS USA INC. v. ALLEN

No. 1D11-6061.

116 So.3d 467 (2013)

PHILIP MORRIS USA INC. and R.J. Reynolds Tobacco Company, Appellants/Cross-Appellees v. Andy R. ALLEN, Sr., as Personal Representative of The Estate of Patricia Allen, Deceased, Appellee/Cross-Appellant.

District Court of Appeal of Florida, First District.

Rehearing Denied July 12, 2013.

Attorney(s) appearing for the Case

Robert B. Parrish and Jeffrey A. Yarbrough of Moseley, Prichard, Parrish, Knight & Jones, Jacksonville, and Gregory G. Katsas , Washington, D.C., and Chad A. Readler (admitted pro hac vice), Columbus, OH, of Jones Day, for Appellant/Cross-Appellee R.J. Reynolds Tobacco Co.; Gary L. Sasso and Joseph H. Lang, Jr., of Carlton Fields, Tampa, and Dana G. Bradford, II, of Smith, Gambrell & Russell, LLP, Jacksonville, for Appellant/Cross-Appellee Philip Morris USA Inc.

Steven L. Brannock , Celene H. Humphries , and Tyler K. Pitchford of Brannock & Humphries, Tampa; Gregory D. Prysock and Katy M. Massa of Morgan & Morgan, P.A., Jacksonville, and Keith R. Mitnik of Morgan & Morgan, P.A., Orlando, for Appellee/Cross-Appellant.

SWANSON, J.

Andy R. Allen ("appellee"), as personal representative of the estate of his wife, Patricia Allen, and joined below at trial by his daughter in her individual capacity, sued R.J. Reynolds Tobacco Company and Philip Morris USA Inc. ("appellants," or "RJR" and "PM USA," respectively), alleging appellants were liable for the wrongful death of Mrs. Allen at the age of sixty, from chronic obstructive pulmonary disease ("COPD"). The evidence established

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