A state appeals court today affirmed an $8 million compensatory damages award in the case of a Broward County smoker who died of lung disease.

The Fourth District Court of Appeal also put a $16 million punitive damage award in play again.

The court will require a new jury to determine whether the late Ellen Tate relied on fraudulent statements or omissions by cigarette makers after May 1982 under Philip Morris’ statute of repose defense. If the new jury says yes, the punitive award is affirmed.

Broward Circuit Judge Jeffrey Streitfeld rejected that defense during the 2010 trial.