IN THE CIRCUIT COURT OF
ELEVENTH JUDICIAL CIRCUIT
IN AND FOR DADE COUNTY,
FLORIDA
General Jurisdiction
CASE NO. 94-08273 CA -22
HOWARD A. ENGLE, MD., et. al.,
Plaintiffs,
v.
RJ REYNOLDS TOBACCO ,et.,al.,
Defendants
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FINAL JUDGMENT AND AMENDED OMNIBUS ORDER
THIS CAUSE having come on to be heard on the Defendants' "Motion At
The Conclusion Of Phase II-B For A New Trial Or Remittitur, To Set Aside The
Verdict, And For Entry Of Judgement In Accordance With Defendants' Motions For
Directed Verdict, To Grant All Motions For Mistrial previously pending Or Denied, To
Decertify The Class. and Alternative Motion For New Trial", and the Court having been
fully advised pursuant to over 190 pages contained in the "Motion", and in addition, having
read the 78 page memo in support for a New Trial and Or Remittitur, and in addition having
read over the contents of 6 rather voluminous loose leaf volumes submitted by the
defense, and several other equally voluminous loose leaf volumes submitted by the
plaintiffs, and having reviewed the applicable Law as submitted by both sides, the Court
feels it can rule on the issues without further argument, oral or otherwise.
1
SNIPPETS:
RJ REYNOLDS TOBACCO,et.,al.,
THIS CAUSE having come on to be heard on the Defendants' "Motion At
The Conclusion Of Phase II-B For A New Trial Or Remittitur, To Set Aside The
Directed Verdict, To Grant All Motions For Mistrial previously pending Or Denied, To
Decertify The Class.
plaintiffs, and having reviewed the applicable Law as submitted by both sides, the Court
This Case was brought alleging eight separate counts1- Strict Liability,
The defense filed motions for directed verdict as to each count and the Court will
it should be noted that the jury in both Phase I and II A found each of the
market by the defendants were defective in many ways including the fact that the cigarettes
The evidence more than sufficiently
Burton v R.J. Reynolds Tobacco Co.,
about causation in face of the over whelming contrary body of evidence worldwide.
count and the Conspiracy count below.
testimony revealed that each smoked and were exposed to the various brands
We conclude that, because of the dispute surrounding these allegations, the date of the last
Motion for Directed Verdict on the issue of Punitive damages
The Court has already ruled upon the Motions for Directed Verdicts and Mistrials
In assessing whether a case should be classified as a "class action" lawsuit,
see also Broin v. Philip Morris Companies, Inc., 641 So.2d 288.
a multi-billion dollar punitive damage award.
and effect of the term "net worth" as it relates to the imposition of punitive damages.
He said, for example, that RJR
He said according to the way Philip
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