Garcia v. Philip Morris, et al.

VERDICT

Trial
05/20/24 – 06/12/24

Summary

Plaintiff Gloria Garcia sues Philip Morris for Manuel Garcia’s death from lung cancer. Mr. Garcia smoked Marlboro cigarettes for two decades before being diagnosed with lung cancer in 1997. While this diagnosis is outside of the Engle class membership window, representatives for the plaintiff argue that the size of the tumor indicates that it had been present by the November 21, 1996, cutoff date. Ms. Garcia claimed that Philip Morris is responsible for Mr. Garcia’s lung cancer, as they worked to conceal the dangers of smoking while working to make cigarettes more addictive.

Defendant Philip Morris claims that there is not enough evidence to prove that Mr. Garcia’s tumor was present before the Engle membership window closed. Besides Ms. Garcia’s testimony that he had a cough, no official records prove its presence before the end of 1996.

Outcome

Verdict for plaintiff.

Total damages: $16 million
Including $6 million in compensatory damages and $10 million in punitive damages.

Apportionment of fault:
Manuel Garcia: 75%
Philip Morris Tobacco Co.: 25%

Case Information
Attorneys
Witnesses
Plaintiff
Defense
Verdict
$16,000,000
Judge
Charles Johnson
Jurisdiction
11th Judicial Circuit of Florida
Court
Dade County Courthouse
Case Number
2017-CA-005523
Industry
Tobacco
Practice Area
Tobacco
Plaintiff
Garcia, Gloria
Defense
Philip Morris Tobacco Co
Expert Witnesses
Lay Witnesses

Sessions

MAY
20
MAY
21
MAY
22
MAY
23
MAY
24
MAY
28
AM Session
Plaintiff Witness(es)
3 Chapters
MAY
29
MAY
30
MAY
31
JUN
3
JUN
4
JUN
5
PM Session
Defense Witness(es)
4 Chapters
JUN
6
JUN
7
JUN
10
AM Session
Openings - Damages
3 Chapters
JUN
11
AM Session
Defense Witness(es) - Damages
2 Chapters
PM Session
Verdict - Damages
3 Chapters
JUN
12

Recording Disclaimer: This proceeding was recorded in full.

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