Dianne Webb v. R.J. Reynolds

Big tobacco Engle progeny streak of recent wins ended with Webb.

Webb was brought by the daughter of deceased smoker James Kayce Horner. The decedent started smoking at age 17 in 1934 and smoked for more than 60 years until he died of lung cancer March 11, 1996, at age 78. The decedent smoked the Reynolds brands Lucky Strike, Pall Mall, Kool, Camel, and Winston. According to the plaintiff, the decedent's addiction caused his death. The defense contended that the decedent liked to smoke and did not seriously try to quit until long after he understood the risks. The jury found in favor of the plaintiff on all theories of recovery (negligence, defective product, concealment and conspiracy to conceal) and allocated fault of 90 percent to R.J. Reynolds and 10 percent to Mr. Horner. The jury awarded compensatory damages of $8 million to the decedent. In arguing for punitive damages, plaintiff's attorney showed the jury R.J. Reynolds' net operating income but urged that the jury award only a single-digit multiple of the $8 million already awarded. The jury awarded $72 million in punitive damages.

Case Law Alert - 1st Qtr 2011