After being diagnosed with chronic obstructive pulmonary disease (COPD), Mr. Price filed a lawsuit against R.J. Reynolds Tobacco Company, claiming that his addiction to cigarettes caused his COPD. Mr. Price later passed away, and after his death, the personal representative of his estate maintained the lawsuit against the company as a wrongful death action. The lawsuit alleged multiple claims. At trial, the jury found R.J. Reynolds liable for some of the claims and awarded damages to the Price estate. R.J. Reynolds appealed to the First District Court of Appeal, arguing that its proposed jury instruction for one of the claims should have been used to instruct the jury. The First DCA agreed and remanded the case for a new trial. This Court accepted this case based on arguments that the First DCA decision conflicts with other appellate court decisions.

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