The good news: C. Calvin Warriner III accomplished the seemingly impossible when he got a tobacco company to settle with an injured smoker.
The bad news: The settlement is worth just $100,000.
The amount accepted by Roslyn Marrazzo is peanuts compared with the Broward Circuit Court jury awards starting at $1.2 million in five lawsuits tried since February. Accounting for negligence attributed to smokers, the lower award works out to $600,000.
The cases stem from the Florida Supreme Court decision tossing a $145 billion class action verdict while allowing smokers to sue individually for damages.
Tobacco companies rarely settle. A number of attorneys asked about the settlement — Warriner included — said it was the only settlement they are aware of for a former class member.
Warriner, a partner at Searcy Denney Scarola Barnhart & Shipley in West Palm Beach, said he was “disappointed” by the settlement. Marrazzo is the daughter of Pasquale Charles Currao, who smoked primarily Liggett cigarettes starting at 12 in 1939 until he died of lung cancer in 1996. The New York native never quit.
“It was a good case, a very nice family with great stories about the smoker, about why he smoked and where and how he smoked and all the times he tried to quit and couldn’t,” Warriner said.
He said he didn’t have a figure in mind to propose to a jury, but it would have been a sure bet that the request would have been more than $100,000.
“There’s a track record in Broward County of multiple seven-figure awards on these cases,” Warriner said.
If tobacco companies settled all 350 pending Broward smoker cases for $100,000, the cost would be about $35 million.
Warriner sent a settlement offer to Liggett Group in March on behalf of Marrazzo with the case set for trial this year.
Ten days later, Liggett accepted the settlement.
Warriner said he didn’t know why Liggett settled.
Liggett’s New York attorney, Aaron Marks of Kasowitz Benson Torres & Friedman, declined to comment for this article.
Miami attorney Philip Gerson, who represents smokers and their families in a number of cases against cigarette makers but was not involved in the Marrazzo case, said Liggett is the only tobacco company that ever agrees to settle.
“They looked at it as a nuisance-value settlement, where the cost of trying would have greatly exceeded $100,000,” said Gerson of Gerson & Schwartz.
He said he hasn’t heard of any other settlements from the disbanded class action but has heard of other Liggett cases being “resolved” in the past.
Liggett Chairman Bennett S. LeBow broke ranks with other cigarette makers in 1996 when he acknowledged cigarette smoking is addictive and causes cancer. Liggett was the smallest of the five largest tobacco companies being sued by states and smokers.
Warriner said the Marrazzo settlement was all business for Liggett.
“The tobacco industry’s history and repeatedly announced intention to the court is to try every single one of their cases, and they will never settle,” Warriner said. “The Liggett people made a solid business decision at the expense of trying their case.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.To view this content, please continue to their sites. Not a Lexis Subscriber? Not a Bloomberg Law Subscriber? LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information. For questions call 1-877-256-2472 or contact us at [email protected] Trending Stories
More From ALM
5 Ways to Evaluate Your Current Training Program for Transactional AssociatesBrought to you by AltaClaroDownload Now 
Premium SubscriptionWith this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.View Now Team AccountsOur Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.View Now Bundle SubscriptionsGain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.View Now From Data to DecisionsDynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.Exclusive Depth and Reach.Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.Big Pictures and Fine DetailsLaw.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.Global Leaders in Consulting (GLC) 2023February 16, 2023London The Global Leaders in Consulting awards are for those who are making a big impression within the industry, but also worldwide. Learn More Complex Claims & Litigation Forum 2023February 27, 2023 - March 01, 2023Henderson, NV Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases. Learn More Women, Influence & Power in Law UK Awards 2023March 08, 2023London Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. Learn More ASSOCIATE: Accessibility / Employment LitigationThe New York office of Epstein Becker & Green is seeking an attorney to work at the level of a mid-level or senior associate to join its... Apply Now › MID-LEVEL ASSOCIATE: Traditional LaborThe Los Angeles office of Epstein Becker & Green is seeking an attorney to work at the level of a mid-level associate in its growing nat... Apply Now › MID-LEVEL or SENIOR ASSOCIATE: Labor & Employment LitigationThe Newark office of Epstein Becker & Green is seeking an attorney to work at the level of a mid-level or senior associate in its growin... Apply Now › O'CONNOR, PARSONS & LANE01/30/2023NJLJ Web O'CONNOR, PARSONS & LANE are proud to announce that R. Daniel Bause and Robert A. Ballard, III have become partners of the firm. View Announcement › POND LEHOCKY STERN GIORDANO01/26/2023TLI Web Pond Lehocky Giordano LLP would like to congratulate Jerry Lehocky and his team on PA's largest workers' compensation settlement. View Announcement › Legal Newswire |
