| 词条 | Naugle v. Philip Morris USA, Inc. |
| 释义 |
|name = Naugle v. Philip Morris |court = Broward County Circuit Court, Florida |date decided = 19/11/2009 |judge = Judge Jeffrey Streitfeld |appealed to = 4th District Court of Appeal in West Palm Beach }}Naugle v. Philip Morris was a landmark 2009 court case in which a jury awarded the plaintiff Lucinda Naugle $300 million.[1][2] The award included $56.6 million in compensatory damages for medical expenses and $244 million in punitive damages.[1][2] At the time, the verdict was the largest award given to an individual suing a tobacco company, and was featured on NBC, ABC, 60 Minutes, and The New York Times.[1][3][4] In 2012, the verdict amount for punitive damages was reduced to $36.8 million.[5] BackgroundIn 1968, Lucinda Naugle, an office manager from Fort Lauderdale, Florida and sister of former Ft. Lauderdale mayor Jim Naugle, began smoking at the age of 20.[6] She quit when she was 45.[6] As a result of smoking, Naugle suffered from severe emphysema.[2] At trial, Naugle claimed Philip Morris directly concealed the fact that cigarettes were harmful to health and addictive.[7] Philip Morris was also sued on the basis that the cigarettes manufactured and sold by the company were unreasonably dangerous.[8] The case was an Engle-progeny case, resulting from the Engle v. Liggett class action suit in 2006, where the Florida Supreme Court upheld a jury’s finding that cigarettes were dangerous to health and addictive.[9][10] Naugle v. Phillip Morris was tried in Broward County Circuit Court, Ft. Lauderdale, FL, and a verdict was returned by the jury on November 20, 2009. The plaintiff was represented by Robert W. Kelley of Kelley/Uustal PLC.[8] AppealIn 2010, a final judgment by Circuit Court Judge Jeffrey Streitfeld reduced the punitive damages to $36.8 million in a post-verdict motion.[11] Philip Morris USA later appealed this award, stating that the punitive damages were still excessive. The appeal was considered at the 4th District Court of Appeal in West Palm Beach, which upheld Philip Morris USA’s liability in the case, but decided that a new jury would consider the final amount to be awarded to the plaintiff.[11][12] See alsoRobert W. KelleyReferences1. ^1 2 {{cite web|url=https://www.nytimes.com/2009/11/21/business/21smoke.html?_r=0|title=Ex-Smoker Wins Against Philip Morris|author=DUFF WILSON|date=November 20, 2009 |work=The New York Times|accessdate= June 1, 2013 }} 2. ^1 2 {{cite web|url=https://www.bloomberg.com/apps/news?pid=newsarchive&sid=armyvTxmM.A0|title=Philip Morris Must Pay Smoker Almost $300 Million (Update1)|author=Edvard Pettersson|date=November 20, 2009|publisher=Bloomberg|accessdate= June 1, 2013}} 3. ^{{cite web|url=http://www.abc.net.au/news/2009-11-21/tobacco-giant-hit-with-record-300m-fine/1150988|title=Tobacco giant hit with record $300m fine |date=November 21, 2009|publisher=ABC News|accessdate= June 1, 2013}} 4. ^{{cite web|url=http://www.nbcmiami.com/news/local/Holy-Smoke-SoFla-Woman-Hauls-in-300-Million-in-Tobacco-Verdict-70612042.html|title=Holy Smoke! SoFla Woman Hauls in $300 Million Verdict|author= Brian Hamacher |date=November 20, 2009 |publisher=NBC Miami|accessdate= June 1, 2013}} 5. ^{{cite web|url=http://articles.sun-sentinel.com/2012-12-12/news/fl-naugle-tobacco-verdict-20121212_1_lucinda-naugle-addictive-nature-and-health-million-verdict|title=Fort Lauderdale woman's big money verdict against tobacco company tossed out|author=Jon Burstein|date=December 12, 2012 |work=Sun Sentinel|accessdate= June 1, 2013}} 6. ^1 {{cite web|url=https://www.independent.co.uk/news/business/news/smoker-in-florida-awarded-300m-damages-against-philip-morris-1825057.html|title=Smoker in Florida awarded $300m damages against Philip Morris|author=Rupert Cornwell|date=November 21, 2009|work=The Independent|accessdate= June 1, 2013}} 7. ^{{cite web|url=http://www.mlnlaw.com/jury-awards-300-million-to-former-smoker.html |title=Jury Awards $300 Million to Former Smoker|accessdate= June 1, 2013}} 8. ^1 {{cite web|url=http://www.morelaw.com/verdicts/case.asp?s=FL&d=42035|title=Cindy Naugle v. Philip Morris|accessdate= June 1, 2013}} 9. ^{{cite journal|url=http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/d59e2cf27607c0cf85256ad1005ba53f/a0b86fb25b4e9cca85257aa6004b58d1!OpenDocument |title=Engle v. Liggett: Has Big Tobacco Finally Met Its Match?|author=J. B. Harris|journal=Florida Bar Journal|accessdate= June 1, 2013}} 10. ^{{cite web|url=http://www.justiceforall.com/friday-is-deadline-for-ailing-smokers-to-sue-big-tobacco |title=Friday is deadline for ailing smokers to sue Big Tobacco|accessdate= June 1, 2013}} 11. ^1 {{cite web|url=http://articles.sun-sentinel.com/2012-12-12/news/fl-naugle-tobacco-verdict-20121212_1_lucinda-naugle-addictive-nature-and-health-million-verdict|title=Fort Lauderdale woman's big money verdict against tobacco company tossed out|author=Jon Burstein|date=December 12, 2012|work=Sun Sentinel|accessdate= June 1, 2013}} 12. ^{{cite web|url=http://www.4dca.org/opinions/June%202012/06-22-12/4D10-1607%20op.pdf|title=Cindy Naugle v. Philip Morris|accessdate= June 1, 2013}} 6 : Philip Morris litigation|2012 in United States case law|United States tobacco case law|Florida state case law|2012 in Florida|Smoking in the United States |
| 随便看 |
开放百科全书收录14589846条英语、德语、日语等多语种百科知识，基本涵盖了大多数领域的百科知识，是一部内容自由、开放的电子版国际百科全书。