FROGEL v. PHILIP MORRIS USA, INC.

No. 4D19-2781.

305 So.3d 793 (2020)

Shan FROGEL, as personal representative of the Estate of Bette J. Cash, Appellant, v. PHILIP MORRIS USA, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

October 28, 2020.


Attorney(s) appearing for the Case

David J. Sales and Daniel R. Hoffman of David J. Sales, P.A., Sarasota, Randy Rosenblum of Dolan | Dobrinsky | Rosenblum, Miami, and Gary M. Paige , Robert E. Gordon , and Cassandra Lombard of Gordon & Partners, Davie, for appellant.

David M. Menichetti and Geoffrey J. Michael of Arnold & Porter Kaye Scholer, LLP, Washington, D.C., and Geri E. Howell of Shook, Hardy & Bacon, LLP, Miami, for appellee.


In this Engle progeny case, 189 prospective jurors were available at trial, but the courtroom had a maximum capacity of 100. As part of an effort to winnow down the jury pool, the trial court granted Philip Morris's request to dismiss eight prospective jurors, over appellant's objection, based entirely on the written answers...

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