PHILIP MORRIS USA INC v. SOMMERS (2019)

On Partial Concession of Error

Philip Morris USA, Inc. appeals: 1.) the trial court's order granting a new trial as to punitive damages for Sommers's non-intentional tort claims, entering final judgment in favor of Sommers, and awarding compensatory damages; and 2.) the trial court's denial of Philip Morris's motion for mistrial.¹ Stefanny Sommers, as personal representative of the estate of Bert Sommers, filed a cross-appeal on the trial court's order partially granting Sommers's motion for new trial as to punitive damages on her non-intentional tort claims only and, by default, denying her request for punitive damages as to her intentional tort claims. On Philip Morris's proper concession of error as to the cross-appeal, we partially reverse the order on cross-appeal as to Sommers's intentional tort claims and remand for a new trial on punitive damages for both her intentional and non-intentional tort claims. We affirm as to all other issues without further discussion.

Affirmed in part; reversed in part and remanded for new trial.

FOOTNOTES

1.   The Court consolidated the separate appeals for all purposes.

FERNANDEZ, J.