$34.7M in Damages Secured by Avera Partners, Rod Smith & Dawn Vallejos-Nichols
Outcome Provided in Case First Tried in 2018 & 2019
An Alachua County jury in Florida’s 8th Judicial Circuit has returned total damages of $34,723,176 to the family of Tyrone Dixon in a verdict against R.J. Reynolds (RJR) tobacco company. The long-running case, first tried in 2018 and 2019 but reversed on appeal, was brought by the Avera & Smith law firm with support from Jacksonville-based Milton, Leach, Whitman, D’Andrea & Eslinger.
Mr. Dixon contracted laryngeal cancer and passed away in 1994 at age 38 as a result of his addiction to cigarettes containing nicotine. He started to smoke at age 11 or 12 while growing up in Milton, Florida and continued to smoke despite trying unsuccessfully to quit several times, until shortly before his death.
The eight-figure jury award on April 11 and 12 was for Mr. Dixon’s widow and two children as part of Mrs. Dixon’s claim as an Engle progeny case, which stems from Florida’s Engle class action, which allowed nicotine-addicted Florida residents or their families to sue tobacco companies for cases diagnosed between 1990 and 1996.
For economic damages, the jury awarded Mrs. Dixon $500,000, Bianca Dixon $170,000, and Tyrone Dixon, Jr. $170,000 for the loss of support and services. Pain and suffering damages were awarded to Mrs. Dixon in the amount of $4,045,000, Bianca Dixon in the amount of $2,045,000 and Tyrone Dixon, Jr. in the amount of $2,045,000. The jury also determined that punitive damages were warranted against RJR, and awarded these damages in the amount of $25,748,176, for a grand total of $34,723,176.
Partners Rod Smith and Dawn Vallejos-Nichols handled the case for Avera & Smith. The firm has extensive experience with tobacco cases and successful outcomes in a wide range of other plaintiffs’ cases. Joshua A. Whitman and Eric Leach handled the case for Jacksonville-based law firm Milton, Leach, Whitman, D’Andrea & Eslinger.
In speaking with the Gainesville Sun, partner and lead counsel attorney Rod Smith, spoke highly of Mrs. Dixon’s continued patience and trust in the justice process throughout this endeavor.
Avera & Smith has represented Floridians for more than 70 years with a legacy of personal service and genuine care for clients and the local community.
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