Kevin Penza Personal Representative for the Estate of Jacqueline Penza vs. R.J. Reynolds Tobacco Company et al

Case Background

On September 28, 2020, Plaintiff  Kevin Penza filed a Wrongful Death lawsuit in the Massachusetts State, Superior Court, Hampden County (Case number: 2079CV00508).

Cause

Kevin Penza, acting as the Personal Representative of his late wife Jacqueline Penza’s Estate, filed a wrongful death lawsuit against R.J. Reynolds Tobacco Company, Philip Morris USA, Inc., and related entities. Jacqueline Penza, born in 1959, started smoking cigarettes at the age of 12 after receiving free samples in her Massachusetts neighborhood. Over 45 years, she regularly consumed brands such as Winston, Winston Lights, Newport, Kent, and Marlboro, all manufactured and marketed by the Defendants. These companies knowingly designed cigarettes with dangerously high levels of tar and nicotine to maximize addiction.

Despite understanding the severe health risks their products posed, the Defendants concealed this information and instead falsely promoted cigarettes as safe and appealing. Through deceptive marketing strategies, including terms like “light” and “low tar,” they misled consumers, including Jacqueline, into believing these products were less harmful. The Plaintiff alleged that the Defendants intentionally targeted minors by distributing free cigarette samples and using youth-focused advertisements to expand their customer base.

Injuries

Jacqueline Penza endured significant suffering from her long-term nicotine addiction, which the Defendants engineered through their tobacco products. In 2016, she was diagnosed with lung cancer directly caused by her cigarette use. Jacqueline underwent aggressive treatments, including chemotherapy and radiation, which caused severe physical pain and emotional distress. These treatments disrupted her daily life and ability to care for her family. Despite her efforts, the cancer progressed, and Jacqueline passed away on March 3, 2018, at the age of 59. Her death left her husband, Kevin, and their children, Kimberly and Kevin Jr., grieving the loss of a devoted wife and mother

Damages

The Plaintiff sought substantial damages for the harm caused by Jacqueline’s addiction and premature death. Jacqueline’s medical treatments incurred significant expenses, while her pain and suffering caused immense emotional tolls. Her death deprived her family of companionship, guidance, and emotional support. Kevin Penza also cited financial burdens, including lost earnings and funeral expenses. The lawsuit demanded compensatory damages for these losses and punitive damages to hold the Defendants accountable for their reckless disregard for public safety. The Plaintiff argued that the Defendants’ deliberate manipulation of tobacco products to foster addiction, coupled with their concealment of health risks, warranted punitive damages to deter future misconduct.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Kevin Penza, Personal Representative for the Estate of Jacqueline Penza
    • Counsel for Plaintiff: Andrew A. Rainer |  Meredith K. Lever | Juliana T. Shulman-Laniel
  • Defendant(s): J. Reynolds Tobacco Company | Philip Morris USA, Inc. | Big Y Foods, Inc. | Stop & Shop Supermarket Company, LLC
    • Counsel for Defendants: Melissa Nott Davis | John M. Lyons | Laura Whitmore | Kathleen Wallace

Claims

The Plaintiff accused the Defendants of negligence, fraud, product liability, breach of warranty, and violations of Massachusetts’ Consumer Protection Act (G.L. c. 93A). The lawsuit alleged that the Defendants failed to exercise reasonable care in designing, manufacturing, and marketing cigarettes that endangered consumers’ health. Furthermore, the Plaintiff argued that the companies engaged in a decades-long conspiracy to suppress evidence linking smoking to fatal diseases and addiction. By using misleading terms like “light” and “low tar,” the Defendants falsely implied reduced health risks.

The Plaintiff also claimed that the Defendants deliberately targeted minors with free cigarette samples, leading to lifelong nicotine addiction. These actions, according to the lawsuit, directly caused Jacqueline’s addiction, illness, and wrongful death, leaving her family to suffer irreparable harm.

Defense

The Defendants, including R.J. Reynolds Tobacco Company, Philip Morris USA, Inc., Big Y Foods, Inc., and Stop & Shop Supermarket Company, denied the allegations. While admitting that their products contained nicotine and carried health risks, the Defendants argued that these risks were widely known and disclosed through federally mandated warning labels. They claimed that Jacqueline Penza knowingly chose to smoke despite understanding the dangers. Additionally, the Defendants contended that Jacqueline had opportunities to quit smoking but failed to do so, thereby diminishing their liability.

The Defendants denied allegations of defective product design, fraudulent marketing, and failure to warn. They emphasized compliance with federal laws like the Federal Cigarette Labeling and Advertising Act and asserted that their marketing practices did not target minors. They argued that terms like “light” and “low tar” were lawful under industry standards and did not mislead consumers. Further, the Defendants cited legal doctrines, including assumption of risk, comparative negligence, and the statute of limitations, as reasons to dismiss the claims. They also opposed punitive damages, arguing that such awards violated constitutional protections.

Jury Verdict

On December 6, 2024, the jury found in favor of Jacqueline Penza’s Estate, awarding $10.6 million in damages. The verdict held R.J. Reynolds Tobacco Company accountable for its conspiracy to misrepresent the dangers of cigarettes, awarding $2.5 million in compensatory damages for this misconduct. The jury also awarded $1.6 million for Jacqueline’s medical expenses and $2.5 million for her pain and suffering.

For wrongful death damages, Kevin Penza received $2.5 million for the loss of companionship and support, while Jacqueline’s daughter was awarded $1.5 million for emotional and familial losses. However, no damages were granted to Jacqueline’s son.

In total, the $10.6 million verdict reflected the jury’s recognition of the harm caused by the Defendants’ tobacco products and their reckless disregard for public health in a Wrongful death lawsuit.

Court Documents:

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