California Courts of Appeal
Aug. 19, 2011
Panel upholds punitive damages award in smoker case
A divided state appellate court on Wednesday upheld a $13.8 million punitive damages award against Philip Morris USA Inc. in a sick smoker case that has been litigated for 10 years.
Daily Journal Staff Writer
A divided state appellate court on Wednesday upheld a $13.8 million punitive damages award against Philip Morris USA Inc. in a sick smoker case that has been litigated for 10 years.
The dissent argued that the award - at 16 times the amount of compensatory damages - was constitutionally excessive in light of the U.S. Supreme Court's suggested ratio of 9-to-1.
But the majority said it was ...
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