FORT LAUDERDALE, FL / ACCESSWIRE / July 31, 2017 / Attorneys with the Fort Lauderdale law firm Schlesinger Law Offices won the chance to re-try a lawsuit against R.J. Reynolds Tobacco Company and Philip Morris USA, Inc. after the Fourth District Court of Appeal reversed a jury verdict that originally favored the two tobacco companies.
The plaintiff behind the lawsuit, Fannie Collar, claims the defendants' tobacco products caused her severe pulmonary health issues, which included the removal of a lung. Collar smoked for approximately 50 years.
After receiving a verdict in favor of the defendants during the first trial, the court of appeals determined that two conflicting rulings occurred during the original trial which were inherently inconsistent. The first ruling determined that Collar's pulmonologist wasn't qualified to state that she was addicted to nicotine, yet another ruling allowed the same doctor to state Collar could quit smoking if she was motivated enough. This disagreement triggered the Fourth District Court of Appeal's reversal.
Attorney Jonathan Gdanski explained the decision reversing the verdict is both a significant and unique win in tobacco litigation, as many plaintiffs don't live long enough to see their day in court let alone appeal adverse decisions.
"The court's ruling gives us a fair chance to hold these tobacco companies liable and to properly present the facts to the jury," said Gdanski.
Schlesinger Law Offices has been at the forefront of tobacco lawsuits in the state of Florida and nationwide since 1998, when the firm participated in the $260 billion master tobacco settlement. The firm's attorneys have aggressively litigated on behalf of their clients and continue to hold tobacco companies responsible for both past and present deceptive marketing tactics. The firm is currently leading a class-action lawsuit against Reynolds American Inc. and Santa Fe Natural Tobacco Company for fraudulently advertising the popular American Spirit cigarettes as "organic," "additive-free" and "natural" to imply they are healthier or less harmful than others.
SOURCE: Schlesinger Law Offices