tobacco lawsuit

Pointing to improper comments during closing arguments, a state appeals court Wednesday overturned a multimillion-dollar verdict against tobacco companies in a lawsuit stemming from a smoker's death.

Rejecting arguments that a jury improperly reached a "compromise" verdict, a federal appeals court Wednesday cleared Philip Morris USA from potential damages in the smoking-related death of a Florida man.

A Jacksonville jury last year found the tobacco company was 5 percent liable in the death of Robert Reider but did not award damages to Reider's widow, Barbara.

In an appeal, Barbara Reider's attorneys argued that the jury had reached an "unlawful compromise" in the decision.

A $100 million settlement has been reached between three major tobacco companies and hundreds of people who sued them for smoking-related deaths and illnesses in Florida federal court.

The tentative agreement announced Wednesday involves R.J. Reynolds Tobacco Co., Philip Morris USA Inc. and Lorillard Tobacco Co. The deal resolves about 400 cases pending before a federal judge in Jacksonville, but does not affect thousands of other lawsuits pending in Florida state courts.

A jury in Polk County has awarded $35 million in damages to a former Florida smoker who underwent two lung transplants.

The jury's decision Wednesday on behalf of 61-year-old Richard Boatright of Bartow against Philip Morris USA and the Liggett Group tobacco companies. The cigarette makers routinely appeal all such verdicts.

Attorney Sheldon Schlesinger says Boatright started smoking at age 12 and liked the cowboy used in Marlboro ads.

The case is one of thousands filed in Florida after the state Supreme Court in 2006 tossed out a $145 billion class action verdict.

When Laura Grossman died of lung cancer in 1995, the 38-year-old had smoked for more than half her life, having gotten hooked at 15.  On Wednesday, a Broward jury said R.J. Reynolds should pay $37.5 million in damages, according to the Orlando Sentinel.  The tobacco company is expected to appeal.