Florida Tobacco Case in Punitive Damage Phase

A Florida jury that already found tobacco companies conspired to sell a dangerous product will begin this week to consider a possible punitive penalty. Anti-smoking activists are looking for a day of reckoning for an industry that has yet to pay a penny to smokers who went to trial. Big Tobacco plans to offer its $250-billion settlement with states and restrictions on youth marketing as proof that no more punishment is needed in the landmark case brought by an estimated 500,000 sick Florida smokers. But opponents expect the nation’s five biggest cigarette makers to pay billions more. The class-action lawsuit against the companies was the first of its kind to go to trial, and the punitive damages phase is important enough that the industry’s top executives plan to voluntarily testify--something they rarely do. The complex trial has completed two of three phases: the July verdict holding the companies liable, and an April 7 ruling awarding $12.7 million in compensatory damages for medical expenses, pain and suffering. Now, the jury must decide whether to award punitive damages to punish the companies for their conduct. Circuit Judge Robert Kaye will be asked Monday to rule on motions in the case that have piled up since he went on vacation two weeks ago. Opening statements are expected Tuesday and Wednesday.