Brannock & Humphries Wins Appeal Involving Exploding E-Cigarette

The First District Court of Appeal today affirmed a final judgment in favor of a Brannock & Humphries client who was injured when an e-cigarette exploded in his mouth.

The First District’s opinion, which is accessible here, rejected two challenges to the jury’s verdict raised by the company that sold the lithium ion battery used in the e-cigarette.  That battery, sold online to the plaintiff, lacked an important safeguard, which caused it to short out and overheat.  The plaintiff was then horribly injured when, as a result of the defective battery, the e-cigarette exploded while still in his mouth.  

Of note, the appellate court found that the trial court properly denied the company’s request to remit the jury’s award of $2 million for pain and suffering.  As the court explained, although the damages awarded by the jury were significant, there was plenty of evidence to support them, including that the plaintiff has constant pain in his teeth, has trouble eating and sleeping, and will have to undergo multiple painful surgeries to fix the dental problems caused by the accident.

Brannock & Humphries is proud to have worked with a talented trial team at Morgan & Morgan to help this plaintiff achieve justice.