Ricapor-Hall v. Philip Morris USA Inc

Summary

The Hawaiʻi Supreme Court affirmed a jury verdict holding Philip Morris liable for Ricapor-Hall's lung cancer, but vacated the portion of the judgment reducing her $6 million general damages award by her 46% comparative negligence. The court held that a plaintiff's negligence does not reduce damages for an intentional tort, overruling Ozaki I. It also rejected Philip Morris's claims regarding alternate juror recall under HRCP Rule 47(b), the investigation of Juror 30, two refused jury instructions, and MSA/claim-preclusion bars to punitive damages.