California Court of Appeal

In an action for products liability, fraud and other theories arising from the plaintiff's affliction with lung cancer because her 45-year habit of smoking defendant's cigarettes, judgment of the trial court awarding plaintiff $13.8 million in punitive damages as against an $850,000 compensatory damages award is affirmed over defendant's meritless challenge on the grounds that the punitive damages award is: 1) barred by res judicata because of the settlement of an action by the California Attorney General against Philip Morris and other cigarette manufacturers; and 2) unconstitutionally excessive.

Appellate Information

• Decided 08/17/2011
• Published 08/17/2011

Judges

• CROSKEY

Court

• California Court of Appeal

Counsel