A federal jury in Jacksonville, Fla. today decided in favor of Philip Morris USA (PM USA) and another tobacco company in the second federal Engle case to go to trial ( McCray).
"The jury listened to the facts, recognized that the smoker was responsible for her own smoking decision, and appropriately found in favor of Philip Morris USA," said Murray Garnick, Altria Client Services senior vice president and associate general counsel, speaking on behalf of Philip Morris USA. "The jury reached the correct result despite the fact that the trial court adopted an unfair trial plan that eliminated any requirement that the plaintiff prove that Philip Morris USA did anything wrong to recover damages."
Since January 2011, about two thirds of the PM USA cases tried in Florida have resulted on verdicts for the company or mistrials. Philip Morris USA has prevailed now in both federal Engle cases to go to trial.
Today's verdict came in a trial of a so-called Engle progeny case following a 2006 Florida Supreme Court decision that decertified a class action but allowed former class action members to file individual lawsuits and rely on general findings from the first class action.The case is McCray v. R.J. Reynolds Tobacco Company, et al. case number 3:09-cv-11895-RBD-JBT. The trial was held in the U.S. District Court in Jacksonville.
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