At Kelley | Uustal, we are relentless in our pursuit of justice for those harmed by corporate negligence. In a significant victory, we recently upheld a $2.5 million verdict against tobacco giant Philip Morris in an Engle progeny case, underscoring our commitment to holding powerful corporations accountable.
Tragic Loss and the Pursuit of Accountability
The case centered around Ulisee Holliman, a former truck driver and long-time Marlboro smoker, who succumbed to lung cancer in 1993. Represented by Kelley | Uustal Founding Partner Robert Kelley, his daughter Ruby Holliman pursued justice against Philip Morris, alleging that the company’s decades-long campaign of misinformation about the dangers of smoking led to her father’s addiction and eventual death.
In 2019, a Miami-Dade County jury found Philip Morris 50% responsible for Holliman’s fatal lung cancer, awarding $2.5 million in compensatory damages. The jury’s verdict acknowledged Philip Morris’s negligence, strict liability, and conspiracy to hide the dangers of smoking.
Upholding the Verdict: The Appeal
Philip Morris appealed the $2.5 million verdict, arguing that Ruby Holliman provided insufficient evidence of her father’s detrimental reliance on the company’s misrepresentations. However, the Florida state appeals court upheld the verdict, citing key testimony from Ruby Holliman and the overwhelming evidence of Philip Morris’s deceitful practices.
Judge Fleur J. Lobree, in her opinion, emphasized that the tobacco industry’s conspiracy to mislead the public about the risks of smoking persisted until the late 1990s. This deception led individuals like Ulisee Holliman to continue smoking despite emerging evidence of its dangers. The appeals court found that Ruby Holliman’s testimony demonstrated her father’s reliance on the false information propagated by Philip Morris, leading to his continued smoking and eventual death from lung cancer.
The Trial: A Battle of Evidence
The trial revealed the extent of Philip Morris’s culpability. Jurors heard from both sides’ experts, who debated whether Holliman’s smoking met the criteria for tobacco use disorder as outlined in the DSM-5. Despite the defense’s arguments that smoking did not interfere significantly with Holliman’s life, our attorneys, led by Eric Rosen, presented compelling evidence of Holliman’s addiction. His daily consumption of up to three packs of cigarettes and numerous failed attempts to quit painted a clear picture of nicotine dependence.
Ruby Holliman’s testimony was crucial in illustrating her father’s reliance on Philip Morris’s misleading statements. She recounted how her father continued smoking into the 1980s, even after seeing television programs about the dangers of smoking, because he believed the tobacco companies’ assurances that smoking was not harmful.
The Outcome: A Milestone Verdict
The $2.5 million verdict, upheld by the appeals court, is a significant milestone in the ongoing battle against tobacco companies. It reaffirms the importance of holding these corporations accountable for their long-standing deceit and the harm it has caused to countless individuals and families.
Kelley | Uustal: Advocates for Justice
Founded in 2008 by Robert Kelley and John Uustal, Kelley | Uustal has consistently championed the rights of those wronged by corporate misconduct. Our team of over 12 award-winning attorneys has secured more than $1 billion in life-changing verdicts and settlements. We specialize in personal injury cases involving malice, accidents, or corporate negligence, taking on cases other firms may consider too risky or expensive.
Our strong approach ensures that our clients feel informed and secure throughout the litigation process. We are proud to have secured justice for Ruby Holliman and her late father, demonstrating once again our unwavering commitment to protecting the vulnerable.
