SEBRING, FL – The first major tobacco lawsuit of 2012 ended yesterday with RJ Reynolds (NYSE: RAI) and Philip Morris (NYSE: PM) being ordered to pay a combined $2.5 million in damages to a deceased smoker’s surviving husband.

Following nearly three-weeks of trial testimony a Highlands County jury found the two tobacco companies responsible for the smoking-related lung cancer of Theo Hallgren’s late wife, Claire Hallgren. 

After determining Claire Hallgren was 50% responsible for her addiction and awarding $2 million to Theo Hallgren in compensatory damages, the jury went on to order RJ Reynolds and Philip Morris to pay $750,000 each in punitive damages. 

Hallgren’s lawsuit was originally part of the 2006 “Engle” class-action case, which resulted in a historic $145 billion dollar verdict. The tobacco companies appealed, and the Florida Supreme Court later ruled each case must be tried individual. Hallgren’s trial was the first of dozens scheduled across Florida state courts in 2012 with thousands of other cases still awaiting trial dates. 

During closing arguments attorney T. Hardee Bass, of the firm Searcy Denny, told jurors in light of the tobacco company’s current billion-dollar profits, they needed to send a strong message with a large verdict. “That’s what this morning is about, punishment,” said Bass. “Punishment for the harm they caused to Claire Hallgren.”

Representing Philip Morris, attorney William Geraghty of Shook Hardy Bacon told the jury the company had made massive, systemic changes since the 1950′s, when tobacco products were marketed more aggressively. FDA regulation and Philip Morris’ own practices meant they had already taken enough corrective action. Dal Burton of Womble Carlyle, representing RJ Reynolds, said his client had also eliminated practices from the “1930′s and 40′s that are today an anathema.”

Attorneys for Hallgren asked the jury for $19 million in damages, and the reduced verdict represents recent success tobacco company defendants have had in limiting punitive damages amounts after much larger verdicts in earlier Engle trials.

Engle trials are scheduled throughout 2012 across the state of Florida. Another is currently underway in Miami, with at least three more trials set to begin next month. Courtroom View Network covered the Hallgren trial gavel to gavel, as it has for nearly all Engle tobacco trials to date. 

The case is Theo Hallgren, for the estate of Claire Hallgren v. Philip Morris USA, RJ Reynolds Tobacco Company, No. 10-761 in the 10th Judicial Circuit Court of Florida.

A Florida jury awarded plaintiff, David Milian just over $1 million Thursday afternoon in his suit against Miami nightspot Nikki Beach Club. Specifically, the jury awarded $150,000 for loss of earnings, $100,000 for hospital and medical bills from the past and into the future, and $800,000 for pain suffering and mental anguish.

On August 3, 2008 Milian visited Nikki Beach Club with his girlfriend. Near the club’s bathrooms Milian exchanged words with Guido Trinidad and their interactions escalated into a physical altercation. Trinidad hit Milian in the face with a bar glass, creating serious injury and severing the nerves on the right side of his face. Milian brought suit against Nikki Beach Club for pain, suffering, his resulting disability and medical bills of approximately $50,000.

Plaintiff’s attorney, Philip Gerson, stated that a nightclub is required to keep its property reasonably safe by providing adequate security. In his opening statement he alleged that the fight was “both foreseeable and preventable by the nightclub. There was a needless danger. They knew fights, including attacks with glasses, had happened before. They could have prevented the crime but didn’t.”

Mitchel Chusid, of Ritter, Chusid, Bizona & Cohen, represented the defendant night club. Chusid asserted that while the plaintiff did receive injuries on defendant’s property, Nikki Beach Club took the proper precautions to make the nightspot safe. He further stated that the incident happened very quickly while Trinidad was enraged and that club security responded quickly.

Today, while asking for damages between 1 and 2 million dollars, Gerson told the jury, “You are like cashiers at a supermarket. You just add up the items. The amount can be large or the amount can be small. It is whatever comes to you, and you should not be embarrassed if the amount that comes to you in total in this case is large.”  

CVN webcast the Milian v. Nikki Beach Club trial live, gavel-to-gavel.

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Timmons v. Ohio Power Company and American Electric Power Service Corporation (Marshall County, West Virginia) 

A Marshall County, West Virginia jury awarded a verdict of $6,998,940 to the family of Lewis Timmons, a 61-year old resident of Tyler County, West Virginia, who was killed as a result of an explosion in the hydrogen storage area of the Muskingum River power plant owned by the American Electric Power Services Corporation. The jury awarded the family of Lewis Timmons nearly $2,000,000 in compensatory damages, and $5,000,000 in punitive damages. The jury also declared that the estate was entitled to attorney fees.

On August 16, 2011, attorney Geoffrey Brown (Bordas and Bordas) told Judge David W. Hummel a panel of eight jurors during his opening statement, “You will hear that both the Ohio Power Company and the American Electric Power Service Corporation violated their duty of due care and caused the explosion to happen resulting in the death of Mr. Timmons and the destruction of his personal property.”

Mr. Brown explained the inner workings of hydrogen storage systems at power plants and noted specifically the inherent dangers in the defendant’s roof above its hydrogen system and its use of weak copper relief stacks. He also described a similar explosion that occurred in December 2005 at a plant in Moundsville, West Virginia, which prompted safety recommendations that were not acted upon by either defendant.

According to Mr. Brown, the defendant’s decision to neglect known safety concerns at the plant resulted in the fatal explosion that took place on January 8, 2007.

Representing the defendants, defense attorney, Brian Swiger (Jackson Kelly) claimed that the American Electric Power Service Corporation was not provided with notice of any dangers present in its roof or its copper relief stacks.

Mr. Swiger told jurors that the defendants, instead, relied on the expertise of General Hydrogen, the inspector for their hydrogen gas system. He claimed that General Hydrogen never gave the American Electric Power Service Corporation any notice of dangers or “urgent needs” for improvement.

Geoffrey Brown (Bordas and Bordas) and Chris Regan (Bordas and Bordas) appeared on behalf of the plaintiff’s estate. Brian Swiger (Jackson Kelly) appeared on behalf of the defendants. 

A two-week civil trial ensued with testimony from numerous experts, including compressed gas experts. Gavel to gavel coverage is available from Courtroom View Network.

CVN webcast Family and Estate of Lewis Timmons v. Ohio Power Company and American Electric Power Service Corporation

Tags: Negligence, Utility Company liability, Personal injury, Wrongful death, Electric Power Liability, Explosion, Power Plant Liability, Power Plant explosion, Verdict, Punitive Damages, safety, Hydrogen