Lucille Soffner vs R.J. Reynolds Tobacco Company – Wrongful Death – Mark Avera, Rod Smith and Dawn Vallejos-Nichols

The Florida Supreme Court has ruled in favor of Avera & Smith client Lucille Soffer in a case against R.J. Reynolds Tobacco Company that will have significant implications for other Engle progeny tobacco-related cases statewide. As a result, Avera & Smith will litigate the matter of punitive damages in the case before the Eighth Judicial Circuit of Florida, perhaps later this year. The Supreme Court ruling reversed a First District Court of Appeal decision in 2012 that affirmed the compensatory damages verdict in the case, but found that the plaintiff was not entitled to seek punitive damages on the unintentional tort claims for negligence and strict liability.