$15.2 Million Verdict for Family of Lorillard Smoker Who Died of Lung Cancer

Jacqueline Swann Miller began smoking as a high school student in the 1940s, long before federal warnings appeared on cigarette packages. Over decades she smoked Lorillard brands including Old Gold, Kent, and Max. She died of lung cancer, leaving her daughter Michelle Mrozek to pursue accountability through the courts.

Mrozek's case was one of thousands brought by former Engle class members after the Florida Supreme Court's 2006 ruling in Engle v. Liggett Group. That decision decertified the class for individual damages but preserved certain jury findings on the tobacco companies' conduct, allowing plaintiffs to file individual suits in Florida courts while relying on those established facts.

Terrell Hogan attorneys tried the wrongful death case in Duval County. The trial team included Bruce R. Anderson Jr., Evan J. Yegelwel, and Angelo M. Patacca Jr. of Terrell Hogan Ellis Yegelwel, joined by co-counsel John S. Mills and Courtney Brewer of The Mills Firm. The team presented evidence of Miller's addiction, Lorillard's awareness of health risks, and the company's conduct toward smokers over the decades she used its products.

In March 2011 the Duval County jury returned a verdict totaling $15.2 million: $3.9 million in compensatory damages and $11.3 million in punitive damages. The punitive award reflected the jury's finding that Lorillard's conduct warranted punishment beyond compensation to Mrozek.

Lorillard appealed to the Florida First District Court of Appeal, challenging the trial court's rulings on Engle class membership, jury instructions, and evidentiary questions. In 2012 the First DCA affirmed the verdict on all issues, leaving the $15.2 million award intact.