NASHVILLE, Tennessee–(BUSINESS WIRE)–A jury in federal court in Florida on Oct. 22, 2014 returned a verdict of $41.1 million in favor of Kenneth Kerrivan, a resident of Lake Panasoffkee, Florida,who began smoking when he was 14 years old. Because of his addiction to nicotine from cigarettes, he developed severe chronic obstructive pulmonary disease. The verdict was against Philip Morris USA Inc. and R.J. Reynolds Tobacco Company for conspiring for decades to conceal the hazards of smoking and the addictive nature of cigarettes. The jury award consists of $15.8 million in compensatory damages and punitive damages in the amounts of $15.7 million against Philip Morris and $9.6 million against R.J. Reynolds.
This verdict in Florida again highlights that Tennessee and Nashville product liability personal injury attorneys, and their clients, are unfairly and unjustly “capped” in the recovery of damages to $750,000 for non-economic damages (principally pain and suffering) and $500,000 for punitive damages pursuant to the TN GOP’s power grab (and terribly misnamed) “Tennessee Civil Justice Act of 2011.”
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