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Steven TOGNOLI, as Personal Representative for the Estate of Lynda Tognoli, Appellant, v. PHILIP MORRIS USA INC., Appellee.

District Court of Appeal of Florida, Fourth District2018-04-25No. No. 4D16–224
254 So. 3d 423

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Opinion

majority opinion

Per Curiam.

This matter is before us on remand from the Supreme Court of Florida. In a decision rendered June 28, 2017, we per curiam affirmed the trial courts final judgment, which reduced the plaintiffs damages by the percentage of fault that the jury attributed to Mrs. Tognoli, based on our then-binding precedent in R.J. Reynolds Tobacco Co. v. Schoeff , 178 So.3d 487, 488 (Fla. 4th DCA 2015). The Florida Supreme Court then quashed our Schoeff decision and held that the comparative fault statute does not apply to Engle progeny cases in which the jury finds for the plaintiff on the intentional tort claims. Schoeff v. R.J. Reynolds Tobacco Co. , 232 So.3d 294, 304 (Fla. 2017). Consequently, our decision in the instant case was also quashed.

The parties do not assert issues with the jurys findings of intentional torts and have agreed on the remedy that we likewise deem proper. Accordingly, we reverse the final judgment and remand with instructions for the trial court to enter judgment for the entire amount of damages found by the jury.

Reversed and remanded with instructions.

Damoorgian, Ciklin and Levine, JJ., concur.