Florida Second DCA rules that Engle progeny tobacco case was based on an intentional tort by tobacco company and therefore not subject to comparative negligence statute

By Sands, White & Sands, PA

| April 20, 2017

On April 12, 2017, in Phillip Morris v. Boatright, No. 2D15-622, the Florida Second DCA ruled in an Engle progeny tobacco case that the cause of action was based on an intentional tort by tobacco company and therefore not subject to Florida’s comparative negligence statute. In so holding, the Court concluded that “the core” of Engle progeny actions is intentional misconduct by tobacco companies. The Court certified conflict on this issue with previous decisions by the Fourth DCA. The Court also concluded that $19.7 million punitive damages award in the case was not excessive based on a $15 million compensatory damage award.

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