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Engle Progeny Plaintiffs May Seek Punitive Damages Under Claims For Negligence And Strict Liability

March 22, 2016 by  
Filed under Uncategorized

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In Soffer v. R.J. Reynolds, the Supreme Court of the State of Florida has ruled that plaintiffs in Engle progeny cases may seek punitive damages under claims for negligence and strict liability in their individual actions.  Where a trial court erroneously stuck the plaintiff’s request for punitive damages before the jury could consider the issue, the proper remedy is to reverse and remand for a new trial limited solely to the issue of punitive damages rather than trying liability again also.

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