Mendez v. Philip Morris

VERDICT

Trial
09/12/22 – 09/23/22

Summary

In this trial, Diana Scandella developed fatal lung cancer after smoking cigarettes since she was around 12 years old. Scandella's family sues Philip Morris and R.J. Reynolds, producers of the cigarettes Scandella smoked for decades, claiming that their cigarettes were unreasonably dangerous and caused her cancer. Attorneys for Scandella assert that tobacco companies made cigarettes inhalable and adjusted nicotine levels to better hook smokers. They claim that these factors made cigarettes unreasonably dangerous.

Defendants argue that Scandella knew the risks of smoking yet chose to continue. Additionally, they claim that these cigarettes were not unreasonably dangerous, as inhalability and nicotine are qualities inherent to cigarettes.

Outcome

Verdict for plaintiff.
Total damages: $4.5 million.

Apportionment of fault:
Diana Scandella: 80%
Philip Morris: 13%
R.J. Reynolds: 7%

Case Information
Attorneys
Witnesses
Plaintiff
Defense
Verdict
$4,500,000
Judge
Barbara Areces
Jurisdiction
11th Judicial Circuit of Florida
Court
Dade County Courthouse
Case Number
2018-CA-042377
Industry
Tobacco
Practice Area
Tobacco
Plaintiff
Mendez, Edward
Defense
Philip Morris USA, Inc.
Defense
R.J. Reynolds Tobacco Co.
Expert Witnesses
Lay Witnesses

Sessions

SEP
12
SEP
13
SEP
14
AM Session
Plaintiff Witness(es)
2 Chapters
SEP
15
PM Session
Plaintiff Witness(es)
2 Chapters
SEP
16
SEP
20
SEP
21
AM Session
Defense Witness(es)
3 Chapters
SEP
22
SEP
23

Recording Disclaimer: This proceeding was recorded in full.

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