In R.J. Reynolds Tobacco Co. v. Sury, No. 1D12-2110 (Fla. Dist. Ct. App. June 24, 2013), the Florida District Court of Appeal upheld a trial court ruling awarding the plaintiff, the son of a deceased smoker, 100% of the damages assessed by the jury despite the jury’s determination that 60% of the fault was the decedent’s. The court held under Florida statutory law, contributory fault applies only in negligence actions and did not apply in cases such as this, where plaintiff pled and proved defendants were liable for intentional torts. Consequently, the court held that defendants were required to pay 100% of the damage award despite being found only 40% responsible.