SWANSON, J.
Andy R. Allen ("appellee"), as personal representative of the estate of his wife, Patricia Allen, and joined below at trial by his daughter in her individual capacity, sued R.J. Reynolds Tobacco Company and Philip Morris USA Inc. ("appellants," or "RJR" and "PM USA," respectively), alleging appellants were liable for the wrongful death of Mrs. Allen at the age of sixty, from chronic obstructive pulmonary disease ("COPD"). The evidence established
Under Point II, appellants assert the trial court erred in directing a verdict in favor of appellee on the issue of appellee's membership in the Engle class, by removing the "addiction causation" requirement from the Engle class definition. We review a ruling on a motion for directed verdict de novo, reading the evidence and inferences of fact in a light most favorable to the non-moving party. See Morales v. Weil, 44 So.3d 173, 178 (Fla. 4th DCA 2010). In other words, a trial court should grant a motion for directed verdict only "when the evidence, viewed in the light most favorable to the non-moving party, shows that a jury could not reasonably differ about the existence of a material fact and the movant is entitled to judgment as a matter of law." Meruelo v. Mark Andrew Of the Palm Beaches, Ltd., 12 So.3d 247, 250 (Fla. 4th DCA 2009); see also Kowkabany v. Home Depot, Inc., 606 So.2d 716, 719 (Fla. 1st DCA 1992) ("[I]n reviewing the propriety of a directed verdict, an appellate court must weigh the facts and inferences to be drawn therefrom in the light most favorable to the person against whom judgment has been granted. A directed verdict can be upheld only if there is no evidence or inference from the evidence which will support the non-moving party's position.").
Early in Phase I of the trial, the trial court entered a partial summary judgment in which it found as a matter of law that Mrs. Allen had been addicted to cigarettes containing nicotine. Accordingly, near the close of the evidence, appellee moved for a
As a result, the trial court instructed the jury, in pertinent part, as follows:
(Emphasis added.)
Thus, as to PM USA, the jury was instructed as follows:
We agree with appellants' position that the trial court's rationale for the directed verdict, and its above-quoted instructions, which emphasized smoking instead of addiction, reflect a critical misunderstanding of the supreme court's definition of Engle class membership, which, in turn, resulted in fundamentally flawed instructions to the jury.
In order to gain the advantage of the res judicata effect of the Phase I Engle findings, a plaintiff first must produce sufficient
53 So.3d at 1064-65 (emphasis added). After reviewing the evidence adduced by Mrs. Martin at trial, we concluded that "Mrs. Martin was required to prove legal causation, and she produced sufficient evidence for a jury to find that Mr. Martin's addiction to RJR's cigarettes was the legal cause of his death." Id. (emphasis added). Thus, contrary to appellee's claim, class membership is far more than the fact of addiction and the fact that smoking caused the disease; it is, instead the fact that the addiction caused the disease.
We find the supreme court's analysis in Douglas highlights and confirms this conclusion. In Douglas, the court was not called upon solely to determine the certified question on due process. It also examined the defendants' claim that the trial court "misapplied Engle by using the Phase I findings to establish the defect and conduct elements of the plaintiff's claims," arguing that "because the Engle jury did not adopt a common theory of liability for why their cigarettes were defective or for why their conduct was tortious, the Phase I findings are too general to be binding in individual actions." 110 So.3d 419, 38 Fla. L. Weekly at S163. In rejecting this claim, the supreme court explained:
Id. (emphasis added). Of relevance to the present case, the supreme court referenced the trial court's instruction to the jury, that it was to determine first whether Mrs. Douglas was a member of the Engle class, explaining, as did the trial court in Martin, that "addiction ... is a legal cause of a disease or medical condition if it directly and in natural and continuous sequence produces or contributes substantially to producing such disease or medical condition so that it can reasonably be said that but for an addiction to cigarettes containing nicotine, such disease or medical condition would not have been suffered." Id. at 426, n. 4. With this in mind, the supreme court held the Second District "properly applied Engle when holding that legal causation for the strict liability claim was established by proving that addiction to the Engle defendants' cigarettes containing nicotine was a legal cause of the injuries alleged." Id. at 429. It went on to state, "When an Engle class member makes this showing, injury as a result of the Engle defendants' conduct is assumed based on the Phase I common liability findings." Id. (citing Martin, 53 So.3d at 1069). More important, in finding that the record in Douglas "conclusively counter[ed] the argument that the Engle defendants are being arbitrarily deprived of their property," id. at 431, the supreme court emphasized that "individual plaintiffs do not simply walk into court, state that they are entitled to the benefit of the Phase I findings, prove their damages and walk away with a judgment against the Engle defendants." Id. "Instead, to gain the benefit of the Phase I findings in the first instance, individual plaintiffs must prove membership in the Engle class," which "often hinges on the contested issue of whether the plaintiff smoked cigarettes because of addiction or for some other reason (like stress relief, enjoyment of cigarettes, and weight control ...)." Id. (emphasis added). The supreme court continued, "Once class membership is established, individual plaintiffs use the Phase I findings to prove the conduct elements of the six causes of action this Court upheld in Engle[.]" Id. at 432. Thus, as illustrated by the jury instructions approved in Douglas and in Martin, addiction causation, not smoking causation, is key to Engle class membership.
In the present case, the directed verdict against RJR, and the instruction given to the jury regarding appellee's class membership run counter to the analyses of class membership employed in Douglas and Martin. The evidence at the time of the trial court's decision was mixed on the issue of when Mrs. Allen became addicted to cigarettes in relation to her diagnosis of COPD in 1996. The parties' experts diametrically disagreed on that subject. Thus, it cannot be said "there is no evidence or inference from the evidence which will support the non-moving party's position." Kowkabany, 606 So.2d at 719; see also Phillips v. Van's Elec. of Lake Worth, Inc., 620 So.2d 253, 253 (Fla. 4th DCA 1993) (observing that "[d]irected verdicts in negligence cases must be granted in an especially cautious manner") Here, RJR introduced evidence sufficient to create a jury issue on whether Mrs. Allen's addiction caused her COPD. Moreover, because of the improper instructions to the jury, we reject appellee's claim that the erroneous entry of the directed verdict against RJR was harmless error as regards
In so holding, we also reject appellee's suggestion that the error was harmless given the jury's finding on the issue of comparative negligence. Douglas is clear that one of the essential components to protecting Engle defendants' due process rights is the initial inquiry into a plaintiff's membership in the Engle class. Without a proper instruction and finding that Mrs. Allen was a member of the Engle class, appellee, again, was not entitled to rely on the Engle Phase I findings to establish the conduct elements of his claims. After that, the separate questions on comparative fault merely asked the jury to determine who was responsible, and to what degree, for Mrs. Allen's death; but the Engle class definition makes addiction causation a necessary precursor to the question concerning the degree to which a defendant's alleged misconduct caused a smoker's disease. Comparative fault in this case focused on an entirely different question. Therefore, the jury's findings on that subject cannot cure the omission of any jury finding on the crucial addiction causation element.
Consequently, for the reasons stated, we reverse the final judgment in favor of appellee, and remand the cause for a new trial to be conducted consistent with this opinion.
AFFIRMED, in part, REVERSED, in part, and REMANDED for further proceedings.
VAN NORTWICK and LEWIS, JJ., concur.