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  • DAVIES, JUNE ANNIE vs. R J REYNOLDS TOBACCO COMPANY PRODUCTS LIABILITY document preview
  • DAVIES, JUNE ANNIE vs. R J REYNOLDS TOBACCO COMPANY PRODUCTS LIABILITY document preview
  • DAVIES, JUNE ANNIE vs. R J REYNOLDS TOBACCO COMPANY PRODUCTS LIABILITY document preview
  • DAVIES, JUNE ANNIE vs. R J REYNOLDS TOBACCO COMPANY PRODUCTS LIABILITY document preview
  • DAVIES, JUNE ANNIE vs. R J REYNOLDS TOBACCO COMPANY PRODUCTS LIABILITY document preview
  • DAVIES, JUNE ANNIE vs. R J REYNOLDS TOBACCO COMPANY PRODUCTS LIABILITY document preview
  • DAVIES, JUNE ANNIE vs. R J REYNOLDS TOBACCO COMPANY PRODUCTS LIABILITY document preview
  • DAVIES, JUNE ANNIE vs. R J REYNOLDS TOBACCO COMPANY PRODUCTS LIABILITY document preview 
						
                                
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                                IN THE NINETEENTH JUDICIAL
CIRCUIT, IN AND FOR ST. LUCIE
COUNTY, FLORIDA
CASE NO.: 562009CA6087
JUNE ANNIE DAVIES, Personal
Representative of the ESTATE OF TREVOR :
DAVIES, ‘ \
Plaintiff, ‘

vs. c
¢

R.J. REYNOLDS TOBACCO COMPANY,
PHILIP MORRIS—USA, INC.,
LORILLARD TOBACCO COMPANY,
LORILLARD, INC., LIGGETT GROUP,
LLC, (f/k/a Liggett Group, Inc., f/k/a Liggett
& Myers Tobacco Company) and VECTOR
GROUP, LTD., INC. (f/k/a Brooke Group,
Ltd.),

Defendant.

REPLY TO AFFIRMATIVE DEFENSES
OF DEFENDANT, LORILLARD INC.

Plaintiff, JUNE ANNIE DAVIES, Personal Representative of the ESTATE OF TREVOR
DAVIES, by and through undersigned counsel, hereby replies to the Affirmative Defenses of
Lorillard Inc. as follows:

1. Plaintiff denies each and every Affirmative Defense.

2. Also, Defendant is estopped from raising and otherwise is forbidden to raise any
defense or avoidance premised upon any contention adjudicated in the Engle action, which

culminated in Engle v. Liggett Group, Inc., 945 So.2d 1246 (Fla. 2006).: ww ww
~ Davies, Trevor E/O v. R.J. Reynolds Tobacco Company, et al.
Case No.: 562009CA6087
Reply Affirmative Defenses to Lorillard Inc.
Page 2 of 4
3. Further, due to the fraudulent and deceitful conduct (which has been determined

as a matter of law), of Lorillard Inc.‘s predecessor, Lorillard Inc. is estopped from raising and
otherwise is forbidden to raise any affirmative defense that relies in any way upon the ostensible
fault or conduct of any Plaintiff.

4. The Government Rules Defense is not retroactive and does not apply to this
action.

5. The State of the Art Defense is not retroactive and does not apply to this action.

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by

U.S. Mail to all counsel on the attached list, wid? a day of August, 2009.