Opinion
Nos. 3D18-908 3D18-228
11-27-2019
PHILIP MORRIS USA, INC., Appellant/Cross-Appellee, v. Stefanny SOMMERS, etc., Appellee/Cross-Appellant.
Shook, Hardy & Bacon, L.L.P., and J. Daniel Gardner ; Arnold & Porter Kaye Scholer, LLP, David M. Menichetti and Geoffrey J. Michael (Washington, DC), for appellant/cross-appellee. Eaton & Wolk, PL and Douglas F. Eaton, for appellee/cross-appellant.
Shook, Hardy & Bacon, L.L.P., and J. Daniel Gardner ; Arnold & Porter Kaye Scholer, LLP, David M. Menichetti and Geoffrey J. Michael (Washington, DC), for appellant/cross-appellee.
Eaton & Wolk, PL and Douglas F. Eaton, for appellee/cross-appellant.
Before EMAS, C.J., and FERNANDEZ, and MILLER, JJ.
FERNANDEZ, J.
On Partial Concession of Error
Philip Morris USA, Inc. appeals: 1.) the trial court's order granting a new trial as to punitive damages for Sommers's non-intentional tort claims, entering final judgment in favor of Sommers, and awarding compensatory damages; and 2.) the trial court's denial of Philip Morris's motion for mistrial. Stefanny Sommers, as personal representative of the estate of Bert Sommers, filed a cross-appeal on the trial court's order partially granting Sommers's motion for new trial as to punitive damages on her non-intentional tort claims only and, by default, denying her request for punitive damages as to her intentional tort claims. On Philip Morris's proper concession of error as to the cross-appeal, we partially reverse the order on cross-appeal as to Sommers's intentional tort claims and remand for a new trial on punitive damages for both her intentional and non-intentional tort claims. We affirm as to all other issues without further discussion.
The Court consolidated the separate appeals for all purposes.
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Affirmed in part; reversed in part and remanded for new trial.