Read Blog
related attorneys
Related practice area
Julie Reese began smoking cigarettes in 1939, at age 10. She soon became addicted to nicotine, and by age 16, she was smoking about one pack per day. In 1994, at age 65, Reese was diagnosed with Stage II squamous cell carcinoma of the larynx. She underwent radiation treatment but faces the possibility of a recurrence. In 2003, at 74, Reese was diagnosed with chronic obstructive pulmonary disease (COPD), which has become severe. Her prognosis is poor.
Reese sued R.J. Reynolds Tobacco Co., which manufactured the brands she smoked, alleging that the company sold a defective and unreasonably dangerous product, failed to warn of the health risks and addictiveness of its cigarettes, and intentionally concealed and conspired to conceal the health risks from the public.
The defendant argued, among other things, that Reese did not seriously attempt to quit and continued to smoke even after warnings began appearing on cigarettes packs in the 1960s. The defense also argued that Reese’s throat cancer could have resulted from the human papilloma virus and/or alcohol use, and that her COPD might have been caused by asthma.
The jury determined that the plaintiff was entitled to rely on the findings in Engle v. R.J. Reynolds Tobacco Co., 18 PLLR 138 (Aug. 1999). Although the Engle class was later decertified, the Florida Supreme court ruled that the findings on general causation, cigarettes’ addictiveness, strict liability, and certain other findings would have res judicata effect in individual lawsuits. Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006), 25 PLLR 149 (Aug. 2006).Thus, the trial court here instructed the jury on the Engle findings.
The jury found that Reese was addicted to the nicotine in the defendant’s cigarettes; that her addiction had caused her smoking-related illnesses; and that the defendant’s negligence, defective and unreasonably dangerous product, concealment of the health risks, and conspiracy to conceal were legal causes of her injuries. It apportioned responsibility at 70 percent to Reese and 30 percent to R.J. Reynolds. The jury then awarded about $3.55 million in compensatory damages. After allocation of fault, the award totals just under $1.07 million.
The trial court has denied the defendant’s motions for a new trial or remittitur, and it has filed an appeal.
Citation: Reese v. R.J. Reynolds Tobacco Co., No. 2007-030296-CA-24 (Fla., Miami-Dade Co. Cir. posttrial motions denied Sept. 8, 2011.)
Plaintiff counsel: Jeffrey H. Sloman and Allan B. Kaiser, both of Miami.
Plaintiff expert: Robert Proctor, tobacco industry history, Palo Alto, California.
Featured Articles
our attorneys
James L. Ferraro
Founding Shareholder & President
Marc P. Kunen
Shareholder
James L. Ferraro, Jr.
Shareholder
Andrew J. Ferraro
Litigation Attorney
Angelica L. Novick
Partner
Daniel J. Di Matteo
Partner
The Hon. Leslie Rothenberg (Ret.)
Partner
Ignacio J. Segurola
Litigation Attorney
Client Experiences
When individuals and families face the challenges of mesothelioma and asbestos exposure—coping with complex treatments, escalating costs, and emotional strain—they turn to Ferraro Law for clarity, guidance, and steadfast support. Through meticulous case preparation, empathetic counsel, and strategic representation, our attorneys build compelling cases that secure meaningful settlements to cover medical expenses, provide financial relief, and offer a path toward stability during difficult times.
Stephanie and all the folks at the Ferraro Law Firm were professional and excellent in handling my case. Even more importantly they were very kind and treated me like family. I would wholeheartedly recommend them to anyone. Thank Y’all so much.
Matthew F.
Working with Daniel J. Di Matteo, Attorney and Partner at The Ferraro Law Firm was and is a life-changing forever experience. He is committed to a level of professionalism and attention to detail that is at the 100th percentile. Daniel handled everything with calmness, sensitivity and support that I needed through this difficult time. He always protected me and had my best interests. I am completely satisfied with the results.
If you need an attorney that operates at the highest level, that attorney is Daniel J. Di Matteo.
Harvey W.
Ferraro Law is wonderful and I am forever grateful to them. My attorney Daniel Di Matteo fought like a tiger for me against a multibillion dollar corporation and obtained a substantial settlement for me. This settlement is life changing for me. If you need an attorney call Ferraro Law and if you’re lucky Daniel will take your case.
Florence T.
Not too long ago I picked up the phone and called the Ferraro Law Firm not quite knowing what to expect. From the moment I reached out, the team made me feel heard and taken care of — not just like another case walking through the door.
Nikki Hurtado was my first primary contact. After speaking with her I knew that I had picked the right firm. She walked me through the process in plain understandable language. Even after numerous calls, she never made me feel like I was asking too many questions, and I always felt confident that my case was in expert hands.
My litigator was Daniel Di Matteo. If there was ever anyone that you would want by your side in a court of law, it would be him. He was everything that you would want in an attorney—calm, cool, always prepared, communicative and most importantly–experienced. He knew everything that was going to happen before it occurred but was prepared for any contingency. He is a fantastic attorney.
What really set them apart was their communication. I was kept informed at every stage — no chasing down updates, no wondering what was happening with my case. Calls and emails were returned promptly, and they proactively reached out whenever there was a development.
The professionalism of the entire team — from the attorneys to the support staff — was exceptional. Everyone I interacted with was kind, compassionate, and genuinely invested in my well-being, not just the outcome of my case.
And the outcome? Better than I could have hoped for. They fought hard on my behalf and secured a result that truly reflected the impact this injury had on my life.
You could ask for no better firm or attorney.
Keeth K.
Free Case Consultation
Our Trial and Appellate Attorneys Are Ready to Fight for You
If you were seriously injured, remember that it is crucial to choose the right law firm to represent your interests. We have been doing this for more than 40 years, and have the resources you need to challenge any opponent!