REYNOLDS TOBACCO COMPANY v. MONROE (2017)

R.J. REYNOLDS TOBACCO COMPANY, Appellant, v. Florence MONROE, Appellee.

CASE NO. 1D16–1911

Decided: March 23, 2017

Charles F. Beall, Jr., of Moore, Hill & Westmoreland, P.A., Pensacola; Jason T. Burnette of Jones Day, Atlanta, GA, for Appellant. Paulo R. Lima, Juan P. Bauta, II, and Allan B. Kaiser of The Ferraro Law Firm, P.A., Miami, for Appellee.

AFFIRMED. R.J. Reynolds Tobacco Co. v. Marotta, 182 So. 3d 829 (Fla. 4th DCA 2016), rev. granted, No. SC16–218 (Fla. Mar. 8, 2016).

I concur in the disposition of this appeal in all respects except for the affirmance of the order denying Appellant's motion for remittitur of the $11 million noneconomic damages award. I would reverse that order and remand for a new trial on damages if the parties were unable to agree upon a reduced award that is in line with the awards in other Engle progeny cases involving plaintiffs with laryngeal cancer. See R.J. Reynolds Tobacco Co. v. Smith, 131 So. 3d 18 (Fla. 1st DCA 2013) (Wetherell, J., specially concurring); R.J. Reynolds Tobacco Co. v. Townsend, 90 So. 3d 307 (Fla. 1st DCA 2012) (Wetherell, J., concurring in part and dissenting in part).

PER CURIAM.

BILBREY and JAY, JJ., CONCUR; WETHERELL, J., CONCURS IN PART AND DISSENTS IN PART WITH OPINION.

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