Pointing to “intentional” wrongdoing in the past by the tobacco industry, a state appeals court ordered two cigarette makers to pay a full $35 million jury award in a case involving a man who had to undergo two double-lung transplants.
A three-judge panel of the Second District Court of Appeal overturned a lower-court decision that would have reduced the payment because of a finding that former smoker Richard Boatright was partially at fault. Boatright began smoking at age 12 and developed chronic obstructive pulmonary disease at age 39, the ruling said. In a lawsuit filed in Polk County, a jury awarded $15 million in compensatory damages to Boatright and his wife and $20 million in punitive damages. A judge, however, reduced the compensatory damages to a total of $12.75 million because of what is known as “comparative” fault involving Boatright’s smoking.
