Photo: Tomasz Sienicki via Wikimeida Commons Photo: Tomasz Sienicki via Wikimeida Commons

PRODUCTS LIABILITY

MIAMI-DADE CIRCUIT COURT

 

A Miami jury cleared R.J. Reynolds Tobacco Co. of liability in the death of a longtime smoker from lung cancer.

In 1991, Shirley Cohen, 62, was diagnosed with cancer after decades of smoking cigarettes. She died in 1994. Her estate alleged negligence, strict liability, fraudulent concealment and conspiracy to conceal fraudulent information.

R.J. Reynolds argued its cigarettes had warning labels by 1966, a year before Cohen started smoking its brands. In addition, there was plenty of information available about the hazards of smoking. Moreover, Cohen quit on the day she was diagnosed with cancer, indicating she was not addicted. The jury issued a defense verdict.

Case: Estate of Cohen v. R.J. Reynolds Tobacco

Case No.: 2014-CA-018677

Plaintiffs attorneys: Alex Alvarez, Phillip E. Holden and Nick Reyes, The Alvarez Law Firm, Coral Gables

Defense attorneys: W. Ray Persons and James Cone, Atlanta, and Scott M. Edson, Washington, King & Spalding