R.J. Reynolds Tobacco Co. v. Jones
Decision Date | 20 April 2022 |
Docket Number | 2D19-3537 |
Citation | 349 So.3d 456 |
Parties | R.J. REYNOLDS TOBACCO COMPANY, Appellant, v. Janice Durrance JONES and Julian Dale Durrance, as Personal Representatives for the Estate of Dorothy Watson Durrance, Appellees. |
Court | Florida District Court of Appeals |
Marie A. Borland and Troy A. Fuhrman of Hill Ward Henderson, Tampa; and Jason T. Burnette, Jones Day, Atlanta, Georgia, for Appellant.
David J. Sales and Daniel R. Hoffman of David J. Sales, P.A., Sarasota; James W. Gustafson, Jr., Brian R. Denney, Laurie J. Briggs, and T. Hardee Bass, III, of Searcy Denney Scarola Barnhart & Shipley, P.A., West Palm Beach; and Hutch Pinder of Whittmore Law Group, St. Petersburg, for Appellees.
We have this case on remand from the Florida Supreme Court "for reconsideration upon application of [the Florida Supreme Court's] decision" in Sheffield v. R.J. Reynolds Tobacco Co. , 329 So. 3d 114, 125 (Fla. 2021). See R.J. Reynolds Tobacco Co. v. Jones , No. SC21-495, 2022 WL 342916 (Fla. Feb. 4, 2022).1 Upon application of Sheffield , we reverse the portion of the final judgment awarding punitive damages and remand for further proceedings.
In Sheffield , the supreme court held that "the relevant 1999 amendments to section 768.73 apply in Engle2 progeny wrongful death actions in which the decedent died after the effective date of the amendments." 329 So. 3d at 125. The court reasoned that the amendments clearly apply to all causes of action arising after October 1, 1999, id. at 116 (quoting ch. 99-225, § 23, at 1418, § 36, at 1428, Laws of Fla.), and that a wrongful death cause of action arises upon death, id. at 119.
Pursuant to Sheffield , 329 So. 3d at 125, the 1999 version of section 768.73 applies to the wrongful death action in this case because the decedent died on May 10, 2000, after the effective date of the amendments. The 1999 version contains the following limitations on punitive damages:
§ 768.73, Fla. Stat. (1999). The trial court applied and instructed the jury on the pre-1999 version of the punitive damages statute at issue, which did not contain the limiting language cited above. See § 768.73, Fla. Stat. (1990-1998). Accordingly, we reverse the portion of the judgment awarding punitive damages and remand for further proceedings in accordance with Sheffield , 329 So. 3d 114, and the 1999 version of section 768.73. As the Fifth District noted in R.J. Reynolds Tobacco Co. v. Sheffield , 266 So. 3d 1230, 1238 n.7 (Fla. 5th DCA 2019), approved , 329 So. 3d 114 (Fla. 2021), "whether the punitive damages award will be stricken or whether a new trial limited to punitive damages must take place depends" on the trial court's initial determination, under section 768.73(2)(b), of whether "the amount of prior punitive damages awarded was insufficient to punish" R.J. Reynolds Tobacco Co.'s behavior.
The final judgment is otherwise affirmed without comment.
Affirmed in part; reversed in part; remanded.
1 In our prior decision, R.J. Reynolds Tobacco Co. v. Jones , 312 So. 3d 1019, 1021 (Fla. 2d DCA 2021), this court affirmed the final judgment entered in favor of R.J. Reynolds Tobacco Co. after a jury trial, specifically holding that "the trial court properly applied the pre-1999 version of the punitive damages statute to the wrongful death action in this case." This court reasoned that even though "the decedent died of a tobacco-related disease—chronic obstructive pulmonary disease—in...
To continue reading
Request your trial