# Philip Morris USA, Inc. v. Douglas

> District Court of Appeal of Florida · March 30, 2012 · 83 So. 3d 1002

URL: https://www.frixlaw.com/law-library/cases/9784938

## Case

- **Full name:** PHILIP MORRIS USA, INC.; R.J. Reynolds Tobacco Company; And Liggett Group, LLC, Appellants, v. James L. DOUGLAS, as Personal Representative for the Estate of Charlotte M. Douglas, Appellee
- **Court:** District Court of Appeal of Florida
- **Decided:** March 30, 2012
- **Citations:** 83 So. 3d 1002; 2012 Fla. App. LEXIS 4991; 2012 WL 1059048
- **Precedential status:** Published
- **Opinion:** Concurrence by Altenbernd
- **Judges:** Davis, Whatley, Altenbernd
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Disapproved in part, on other grounds by Philip Morris USA, Inc. v. Douglas, 38 Fla. L. Weekly Supp. 160 (2013).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9784938

## How later opinions describe it (automated extraction)

- affirming the final judgment on a strict liability claim based on the Phase I finding that cigarettes were “defective and unreasonably dangerous” and the jury’s determination that Mrs. Douglas’ diseases were legally caused by her smoking cigarettes manufactured by Tobacco

## Opinion text

ALTENBERND, Judge,
Concurring.
I fully concur in the court’s opinion. I write only to note that the parties in this case, in addition to submitting excellent briefing, provided copies of the several sets of jury instructions used in the other cases cited in the court’s opinion. Given the number of pending cases that are affected by Engle III, it might be helpful if the supreme court approved a standard set of jury instructions for use in Engle cases.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9784938. Public record. Not legal advice.