R.J. Reynolds Prevails in Musician's $1.9M Suit Claiming Smoking Caused COPD

Posted by Arlin Crisco on Nov 25, 2015 2:22:00 PM

Frank Bayuk argues Cynthia Green failed to establish the nicotine addiction or chronic obstructive pulmonary disease she needed to prove in order to recover in her suit against R.J. Reynolds. Watch closings in the case. 

Miami—Jurors Tuesday found a South Florida musician did not suffer from the respiratory disease she claimed was caused by decades of smoking, giving R.J. Reynolds the win in her $1.9 million suit against the tobacco giant. Green v. R.J. Reynolds, 2007-CA-046326.

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Topics: Negligence, tobacco, Engle Progeny, Florida, product liability, green v. R.J. Reynolds

See the Link Between Construction and Cancer That Delivered a $17M Verdict | Florida Video Vault

Posted by Courtroom View Network on Nov 18, 2015 7:27:00 PM

James Ferraro tells jurors invoices for Georgia Pacific-manufactured wallboard that were shipped to Jeddah, Saudi Arabia, where Roy Taylor was on a project, logically implied asbestos-containing joint compound the company also produced were sent to the location because the products were “intertwined.” Taylor, represented by Ferraro, claims he contracted mesothelioma from asbestos in the compound. Jurors awarded him and his wife $17 million in the case. Watch the full closing argument.

Toxic tort cases involving dangerous exposure from decades earlier can be rife with problems linking the allegedly toxic product to your client's disease. In some cases, you'll have to ask jurors to infer connections based on limited documentary evidence and no "smoking gun" proof. James Ferraro was faced with a similar situation in a mesothelioma suit against Georgia Pacific, but, in a closing that connected the dots from wallboard to his client's cancer, won an eight-figure verdict. 

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Topics: Products Liability, Asbestos, Florida, Taylor v. Georgia Pacific

In Trial Over Celebrity Chef's Death, Road Construction Firms Accused of Negligence

Posted by Arlin Crisco on Nov 18, 2015 6:14:00 PM

During her opening statement, Elisabeth Culmo tells jurors a faulty maintenance of traffic plan contributed to the 2013 death of executive chef Stefano Riccioletti as he walked to work. Riccioletti's estate is suing the contractors who implemented the plan, The Marks Brothers, Inc. and General Asphalt Co. Inc.  

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Topics: Negligence, Florida, Construction, Transportation, Gerstein v. The Marks Brothers Inc.

Watch the Argument that Sealed a Defense Win in $8M Med Mal Trial | Georgia Video Vault

Posted by Courtroom View Network on Nov 18, 2015 2:03:47 PM

Daniel Huff tells jurors the weight of expert testimony, as well as common sense, proves his client, Dr. J. Eduardo Corso, acted properly in monitoring the heart catheterization of Arlene Bailey, who died following the procedure. Corso prevailed at trial in a malpractice suit brought by Bailey’s siblings. Watch the complete closing argument.

When the patient at the center of a medical malpractice case dies following a relatively routine medical procedure, the defense must often overcome a natural tendency among jurors to believe the healthcare staff involved must have committed some error. During closing arguments of Bailey v. Corso, Daniel Huff delivered a powerful appeal to reason that convinced jurors his client, an Emory Healthcare surgeon, was blameless in the procedure that punctured his patient's heart. 

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Topics: Negligence, Medical Malpractice, Georgia, Bailey v. Corso

Update: R.J. Reynolds, Philip Morris Hit with $11M in Damages For Restaurateur's Fatal Lung Cancer

Posted by Arlin Crisco on Nov 18, 2015 12:19:32 AM

Brent Bigger delivers closing arguments for his client, Phyllis Barbose. Jurors awarded Barbose $10 million plus potential punitives in her suit against R.J. Reynolds and Philip Morris. 

Update 11/18/2015: Jurors imposed a $1 million punitive verdict against Philip Morris and R.J. Reynolds Wednesday afternoon, splitting the penalty equally between the two tobacco companies. The jury reached its decision following about an hour of deliberations and closing arguments in which Phyllis Barbose's attorney, Knopf Bigger's Brent Bigger, requested $20 million in punitives. 

The decision on punitives brings the case's total damage award to $11 million. 

Clearwater, FL—Jurors this afternoon awarded $10 million, plus potential punitive damages, to the widow of a pizzeria owner who claimed the country’s two largest cigarette manufacturers are responsible for her husband’s 47-year nicotine addiction and his fatal lung cancer. Barbose v. Philip Morris, 2014CA003532.

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Topics: Negligence, Products Liability, tobacco, Engle Progeny, Florida, Barbose v. Philip Morris

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