Tuesday, February 24, 2009
Comment on the recent case re damages for wrongful death of chain smoker
In my recent post about the Florida case that awarded several million dollars for the wrongful death of a chain smoker, I concluded that "obviously, this is not the last we will hear about this case. I am sure the defendant will first ask the lower court to apportion fault, if that fails, to lower the punitive damage award, and then appeal. Stay tuned...." Today, Professor Anthony Sebok has published a column titled: "The Recent, Eight-Million-Dollar Verdict Against Philip Morris and in Favor of A Smoker's Family: Why It Will Likely Be Reversed as Unconstitutional." The title says it all. You can access the article here.