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PHILIP MORRIS USA v. BROWN

No. 1D15-2337.

243 So.3d 521 (2018)

PHILIP MORRIS USA INC., Appellant/Cross-Appellee, v. Mary BROWN, as personal representative of the Estate of Rayfield Brown, Appellee/Cross-Appellant.

District Court of Appeal of Florida, First District.

Rehearing Denied May 29, 2018.

Attorney(s) appearing for the Case

Amir C. Tayrani of Gibson, Dunn & Crutcher LLP, Washington, DC; Geoffrey J. Michael of Arnold & Porter LLP, Washington, DC; Hassia Diolombi and Kenneth J. Reilly of Shook, Hardy & Bacon LLP, Miami; and W. Edwards Muñiz of Shook, Hardy & Bacon LLP, Tampa, for Appellant/Cross-Appellee.

John S. Mills and Courtney Brewer of The Mills Firm, PA, Tallahassee; and John S. Kalil of Law Offices of John S. Kalil, P.A., Jacksonville, for Appellee/Cross-Appellant.

B.L. Thomas, C.J., and Bilbrey, J., concur; Winsor, J., dissents with opinion.

AFFIRMED.

WINSOR, J., dissenting.

The main question in this case is what happens when a deadlocked jury is instructed to reach whatever partial verdict it can — and to do so without any further deliberations. On the unusual facts of this case, I would hold that such an instruction leaves the jury incapable...

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