Punitive Damage Award Thrown Out

A federal appeals court threw out a $15-million punitive damage award to a lifelong smoker who sued R.J. Reynolds Tobacco Co. after losing his legs from a cigarette-related illness.

But the 10th U.S. Circuit Court of Appeals, in a split decision, left intact a Kansas jury’s compensatory damages of $196,416, finding the cigarette maker failed to warn David Burton of the dangers of smoking.

The jury also awarded $1,984 in compensatory damages, but no punitive damages, against Brown & Williamson Tobacco Corp. The two companies merged last summer, forming a new company, Reynolds American Inc.