Oliva v. R.J. Reynolds Tobacco

VERDICT

Trial
03/17/11 – 03/28/11

Summary

In this Engle progeny tobacco litigation proceeding, plaintiff Allen Olivia alleged Philip Morris Tobacco Co of fraudulent concealment of dangers of smoking cigarettes manufactured by the company which led the plaintiff to get addicted to smoking at age 15. The plaintiff also alleged the company of manufacturing defective cigarettes which caused the plaintiff chronic obstructive pulmonary disease (COPD). At the time of the trial the plaintiff was suffering from end stage emphysema.

The defense characterized Mr. Oliva as a willing smoker who was not risk-averse. In addition, the defense asserted that Mr. Oliva's lawsuit was time-barred because he should have known that he had a smoking-related illness prior to May 5, 1990.

The plaintiff was represented by attorney Adam Trop. The defendant in this case, Philip Morris Tobacco Co was represented by attorney William Geraghty.

The jury found that Mr. Oliva was addicted to cigarettes containing nicotine, but the addiction was not a legal cause of Mr. Oliva's chronic obstructive pulmonary disease.

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Outcome

Found for the defense

Case Information
Attorneys
Witnesses
Plaintiff
Defense
Judge
Aaron Bowden
Jurisdiction
4th Judicial Circuit of Florida
Court
Clay County Court
Case Number
2008-CA-001299
Industry
Tobacco
Practice Area
Tobacco, Products Liability, Toxic Torts, Negligence, Tort Law
Plaintiff
Oliva, Allen
Defense
Philip Morris Tobacco Co
Expert Witnesses
Lay Witnesses

Sessions

MAR
17
MAR
18
PM Session
Plaintiff Witness(es)
3 Chapters
MAR
21
MAR
22
MAR
23
MAR
24
MAR
25
MAR
28

Recording Disclaimer: This proceeding was recorded in full.

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