Whiteley

Introduction

Defendants Philip Morris Inc. (Philip Morris) and RJ. Reynolds Tobacco Company (RJ. Reynolds) appeal from a judgment of $21,689,117 (including $20 million in punitive damages) following a jury verdict in favor of Leslie Whiteley (Whiteley), a smoker who was diagnosed with lung cancer in 1998 and died in July 2000, and her husband, plaintiff Leonard Whiteley.

Defendant tobacco companies urge us to reverse the judgment, claiming error on several grounds: (1) Under Civil Code, former section 1714.45, as recently interpreted by the California Supreme Court in Myers v. Philip Morris Companies, Inc. (2002) 28 Cal.4th 828 [ 123 Cal.Rptr.2d 40 , 50 P.3d 751 ] (Myers) and Naegele v. R.J. Reynolds Tobacco Co. (2002) 28 Cal.4th 856 [ 123 Cal.Rptr.2d 61 , 50 P.3d 769 ] (Naegele), defendants cannot be liable for fraud, negligent design, or other such product liability claims based on conduct occurring from January 1, 1988 to January 1, 1998. Defendants contend that the trial court prejudicially erred in refusing to instruct the jury, as requested by defendants, that it could not base liability on conduct occurring during this 10-year period. Defendants also contend that…