Fort Lauderdale Law Firm Secures Jury Verdict Of $157M Against Tobacco Companies In Landmark Case For Same Sex Couples
FORT LAUDERDALE (CBSMiami) – When Ed Caprio and Bryan Rintoul got married several years ago, it was the recognition of more than three decades together as a couple. But Ed, a longtime smoker, was already suffering with COPD and lung cancer.
"We spent 35 years together," Rintoul said.
Rintoul said smoking caused Ed's death.
"The last two years of his life were horrible," Rintoul told CBS4 News. "A horrible death he had. Very painful."
That's why after Ed died, Rintoul continued a wrongful death lawsuit that Ed began several years earlier against Philip Morris USA and RJ Reynolds.
On Friday, a Broward County jury returned a judgement determining that those companies owed Rintoul more than $157 million in compensatory and punitive damages over Ed's death.
Rintoul's attorney Steven J. Hammer said the jury decision sends yet another message to tobacco companies.
"The jury said we're not accepting the fact that you did nothing wrong. We're not accepting the fact that you're a good company. We know better," Hammer said. "If you're gonna do business here in America and you're gonna sell a product, don't sell a product that's gonna kill people."
But Hammer said the impact of the judgment extends beyond money. He said it's about the legal precedent for same sex couples. Hammer said in Florida you cannot marry into a pre-existing wrongful death lawsuit like the one Ed Caprio filed prior to legally being allowed to marry Rintoul. But Hammer said the judge allowed the lawsuit to proceed because the couple by all accounts would have been married had the law allowed it at the time.
"The judge was actually very courageous here," Hammer said. "This hopefully will open the door to that and it'll open the door not only in the state of Florida but in the nation because it's just not right."
Rintoul hopes the case reminds people about the dangers of smoking and why it's important to quit or to never start.
"Please, if you can, stop," he cautioned. "It's not going to end well."
He also sees this case as a victory for same sex couples seeking equal rights.
"I just hope that other gay couples, same sex marriage go forward with their lives and realize there's justice for them," Rintoul said. "For this to happen now, is amazing."
Hammer said he fully expects the tobacco companies to appeal the verdict and appeal the judge's decision to allow the case to go forward even though this couple was not married at the time when Edward Carpio became ill.
"When they lose, the challenge everything," Hammer said.
CBS4 News reached out to RJ Reynolds and Philip Morris for comment on this jury verdict. RJ Reynolds had no comment and Philip Morris USA did not respond to our request.
