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COLLAR v. R.J. REYNOLDS TOBACCO CO.

No. 4D15-3893.

222 So.3d 581 (2017)

Fannie COLLAR, Appellant, v. R.J. REYNOLDS TOBACCO COMPANY and Philip Morris USA, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

July 5, 2017.

Attorney(s) appearing for the Case

Celene H. Humphries , Maegen Peek Luka and Thomas J. Seider of Brannock & Humphries, Tampa, and Jonathan R. Gdanski , Steven Hammer and Brittany Chambers of Schlesinger Law Offices, P.A., Fort Lauderdale, for appellant.

William P. Geraghty and Rachel A. Canfield of Shook, Hardy & Bacon, LLP, Miami, Geoffrey J. Michael , David M. Menichetti , and Daphne O'Connor of Arnold & Porter Kaye Scholer, LLP, Washington, D.C., David Northrip of Shook, Hardy & Bacon, LLP, Kansas City, Missouri, and Charles R.A. Morse of Jones Day, New York, New York, for appellees.

We reverse the final judgment for the defense in an Engle progeny case, where the jury answered "No" to the question "Was [Plaintiff] addicted to cigarettes containing nicotine and, if so, was her addiction a legal cause of her lung cancer and/or COPD?" The trial court made two inconsistent evidentiary rulings that favored the defense...

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