Opening arguments were made in the first trial against Big Tobacco in North Florida since the Florida Supreme Court found the industry liable for cigarette-related deaths in 2006.
Amanda Jean Hall, represented by Rod Smith, accused R. J. Reynolds Tobacco Co. and other major tobacco companies for the wrongful death of her husband, Arthur Hall, who died from lung cancer in 1995.
In his opening argument, Smith blamed R. J. Reynolds for misleading Arthur Hall and other smokers about the dangers of cigarette smoking, therefore being responsible for his illness and eventual death.
In their rebuttal, R.J. Reynolds, represented by Dennis Murphy, argued the burden of proof is on Amanda Hall to prove cigarette smoking killed her husband and that it was Big Tobacco’s fault her husband didn’t quit.
In 2006, the Supreme Court found cigarettes to be “unreasonably” dangerous, to cause numerous types of cancer, that nicotine is addictive and that Big Tobacco knew about the dangers and acted negligently.
The Supreme Court ruling stated Big Tobacco was liable for smoking-related injuries or deaths, and although it reversed a jury’s verdict to award $145 billion in damages, it allows smokers and their loved ones to seek individual cases against the companies.
Though this is the first trial to come from the Engle decision in North Florida, jury verdicts in South Florida have reached $300 million in compensations awarded to date.