Hawaii Supreme Court reinstates $2.76 million award for smoker against Philip Morris

In a landmark decision, the Hawaii Supreme Court held that a plaintiff’s own negligence may not offset damages for an intentional tort such as fraud. Justice Todd Eddins explained that the state’s comparative negligence statute applies only to negligence claims, not to fraud. The ruling restores $2.76 million that had been removed from Ramona Ricapor-Hall’s award after a jury found Philip Morris liable on multiple theories, including conspiracy to defraud.

The court also rejected Philip Morris’s attempts to overturn the verdict on procedural and legal grounds. The punitive damages of $8 million remain unchanged, and the case is sent back to Oahu’s First Circuit Court to enter an amended judgment. Representatives for both sides did not immediately comment.