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.

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. 

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.  

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.

Rebuttal of a closing argument can be one of the most difficult elements of trial for a plaintiff's attorney. It's your last opportunity to speak on behalf of your client and the last words jurors will hear from either side before they deliberate. However, the rebuttal's focus on a defense argument typically given moments earlier means you don't have the preparation time you have for your initial summation. In Van Zyl v. Fain, Keith Mitnik delivered a powerful rebuttal to the defense's damage argument, and ultimately won nearly $19 million for his client.