Pointing to "intentional" wrongdoing in the past by the tobacco industry, a Florida 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 2nd 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.
Almost all of the verdict was against cigarette maker Philip Morris USA, with a small portion against Liggett Group, LLC.
In a 15-page decision Wednesday, the appeals court said the damages should not have been reduced and detailed past misconduct by the tobacco industry.
