Supreme Court Refuses To Hear Escambia County $23 Billion Tobacco Case
December 5, 2017
In a victory for R.J. Reynolds Tobacco Company, the Florida Supreme Court on Monday declined to take up an Escambia case that initially involved a more than $23 billion verdict against the cigarette maker.
The estate of Michael Johnson Sr., a longtime smoker who died at age 36, asked the Supreme Court to take up the case after the 1st District Court of Appeal in February ordered a new trial. A three-judge panel of the appeals court blasted an attorney for the estate, pointing to the “depth and pervasiveness” of improper closing arguments in the Escambia County case.
The Supreme Court, as is common, did not explain its reasons for declining to take up the case, though two justices, R. Fred Lewis and Peggy Quince, disagreed with the decision, according to an order posted on the Supreme Court website.
A jury initially awarded nearly $16.9 million in compensatory damages and $23.6 billion in punitive damages to the estate. But the trial judge later tossed out the punitive-damages award as excessive and ordered a new trial for R.J. Reynolds on punitive damages.
The February ruling by the appeals court required a new trial on the overall issues in the case, not just punitive damages. A brief filed in the Supreme Court said Johnson started smoking at age 13 and was diagnosed with lung cancer at age 35.
The case is one of thousands in Florida that are known as “Engle progeny” cases. Such cases are linked to a 2006 Supreme Court ruling that established critical findings about the health dangers of smoking and misrepresentation by cigarette makers.
by The News Service of Florida
FWC Law Enforcement Report
December 5, 2017
The Florida FWC Division of Law Enforcement reported the following activity during the two week period ending November 30 in Escambia and Santa Rosa counties.
ESCAMBIA COUNTY
Officers Allgood and Manning worked on the Escambia River checking hunters. They observed a vessel that was tied up along a wooded area where the occupants appeared to be hunting in the Escambia River Wildlife Management Area (WMA). The officers marked the spot and came back later when the individuals were not hunting, to check the area for bait. Shortly after they returned, they heard a vessel traveling to their location. When the subjects saw another boat in the area, they commented, “They better not be hunting my ground blind.” The two hunters were interviewed and confessed to placing bait at two nearby stand sites. Both hunters were carrying small plastic bags containing corn. Both baited stands were located and the hunters were issued notice to appear violations for placing bait in a management area.
SANTA ROSA COUNTY
Officer J. Rockwell was in Blackwater WMA when he noticed a small boat on the side of the road. Officer Rockwell ran the registration to identify the owner and later that afternoon, determined the vessel was stolen out of Okaloosa County. Officer Rockwell contacted the owner and returned the vessel.
While conducting surveillance on a local fishing pier, Officer Ramos observed a man and woman emerge from under the pier carrying fishing poles and equipment. They went to a vehicle and loaded all the gear into the car. Then, the man returned under the bridge and brought up a cooler. Officer Ramos approached the pair and asked if they had caught any fish. They replied, “No.” After checking fishing licenses and receiving consent to search the cooler, Officer Ramos discovered an undersized spotted seatrout, measuring 11 inches, hidden under ice. The man admitted he caught the fish and didn’t check its size. A database search revealed the man had two previous citations for similar offenses. The fish was seized and a notice to appear citation was issued.
While off duty, Officer Lugg received a report of a potential redfish violation occurring at the East River boat launch in Navarre. Once at work, Officer Lugg traveled to the boat launch to follow up with the information that he had received. The tip stated that a couple fishing at the boat launch were keeping undersized red drum and placing them in a white cooler. The individuals were located and a fisheries inspection was conducted. The couple stated that they were not keeping any fish and had not caught any fish to keep. There were no coolers around where the individuals were fishing and the individuals were adamant that they had not kept any fish. After a brief interview, their vehicle was located and their cooler was inspected. Officer Lugg discovered an undersized red drum, measuring 9½ inches. A notice to appear citation was issued for the violation.
While on land patrol in the Yellow River WMA, Officer Lugg observed a suspicious vehicle turn its headlights off while traveling through an intersection. The vehicle also failed to stop at a stop sign as it left the area in a hurry. During a stop of the vehicle, blood was observed in the back of the truck. After a brief interview, the operator admitted to shooting an undersized deer the day before and disposing of the carcass in the woods. Officer Lugg located the carcass of a spotted fawn. The subject was issued a notice to appear citation for the violation.
From a considerable distance, Officer Ramos observed a vehicle operating oddly in a remote neighborhood after midnight. When the vehicle stopped moving for a while, Officer Ramos drove closer and discovered that its hazard lights were now flashing due to a crash that had just occurred. Dispatch was informed that the truck had jumped a deep ditch and then ran head on into a large tree. The vehicle’s airbags had deployed and the driver had been knocked into the rear cab of his pickup with life threatening injuries. Fire Rescue and EMS personnel were notified and arrived to remove the driver. The driver was transported to a local hospital. The crash investigation was turned over to Florida Highway Patrol to determine the cause.
This report represents some events the FWC handled over the past two weeks; however, it does not include all actions taken by the Division of Law Enforcement. Information provided by FWC.
NorthEscambia.com photo.
Girls Basketball: Milton Cruises Past Northview
December 5, 2017
The Milton Lady Panthers defeated Northview in varsity and junior varsity basketball action Monday in Bratt.
Milton 43, Northview 8
The Milton Panthers defeated the Northview Chiefs 43-8 Monday night. Milton took a 5-0 lead in the first period and increased their advantage to 14-2 at the conclusion of the second period. The Lady Chiefs varsity (0-4, 0-2) will host Baker on Thursday at 6 p.m.
Milton 35, Northview 3 (JV)
In junior varsity play, Milton defeated Northview 35-3. Northview remained scoreless in the two periods, down 20-0 at the end of the second. The Chiefs scored three points in third period. The MV Lady Chiefs (0-3, 0-1) will host Baker on Thursday.
For more game action photos, click here.
NorthEscambia.com photos, click to enlarge.
Santa Shop Opens At Molino Park; Movie Night Is Thursday
December 5, 2017
The annual Santa Shop is going on Tuesday, December 5 and Wednesday, December 6 at Molino Park Elementary School.
Family Christmas ie Night will be Thursday, December 7. The Santa Shop will be open from 4:30 until 6:30 p.m. Dinner will be served at 5:30 for $1 per person. The classic Christmas movies will be at 6:00.
Family Christmas Movie Night is sponsored by the Molino Park Elementary School PTA.
Former Florida Congresswoman Gets Five-Year Sentence For Charity Scam
December 5, 2017
Describing the fraud as “shameless,” a federal judge Monday sentenced former Democratic Congresswoman Corrine Brown to five years in prison for her role in a scam that involved using charitable contributions for personal expenses and events.
The sentence, imposed by U.S. District Judge Timothy Corrigan, came after Brown was convicted in May on 18 felony counts. Corrigan also sentenced to prison Brown’s longtime chief of staff, Ronnie Simmons, and a woman who started the purported charity, Carla Wiley.
In a 25-page sentencing order, Corrigan said the One Door for Education charity, which was originally established to help children, was “operated as a criminal enterprise” by Brown, Simmons and Wiley. He detailed how the charity raised hundreds of thousands of dollars, which forensic accountants said was siphoned off in cash withdrawals and used for such things as sky box seats at an NFL game and a luxury box at a Beyonce concert.
“These defendants systematically looted One Door funds which otherwise would have been available to help deserving children,” Corrigan said in the sentencing order. “Just think of the good that could have been done with that money if it had been used for its proper purpose.”
The Florida Times-Union reported that Brown, who served 24 years in Congress until losing a re-election bid last year, will report to prison no earlier than Jan. 8. The Times-Union also reported that Brown’s attorney, James Smith, said she will appeal the sentence.
The sentencing was a final step in the downfall of Brown, 71, long an influential figure in Jacksonville politics and the city’s African-American community. The 12-term congresswoman, whose district stretched from Jacksonville to Orlando, was also a master of constituent services, using “Corrine Delivers” as a slogan to tout her ability to bring home projects and services.
In a sentencing memo filed last month, Brown’s attorney said she had been one of the “greatest soldiers” in the civil-rights movement. Smith requested that she receive probation and community service, rather than a prison sentence.
“Corrine Brown’s life from this point forward will be extremely difficult,” Smith wrote. “She will never hold public offense again. The stigma of her federal convictions will make it extremely difficult, if not impossible, for her to find productive and gainful employment. There is simply no reasonable basis to believe that she will ever commit another crime.”
In his order Monday, Corrigan said that he “seriously” considered the request for probation and community service, “but a sentence of probation for a member of Congress convicted of 18 counts involving mail, wire, and tax fraud would not be sufficient.”
Corrigan said Brown, one of the first black members of Congress from Florida since Reconstruction, was a “trailblazer who also has lifted up others.”
“But, having overcome all hurdles and risen to high office, Ms. Brown unfortunately succumbed to greed and an entitlement mentality,” Corrigan said.
The judge also sentenced Simmons to four years in prison and Wiley to 21 months. He said Wiley started the One Door for Education charity in 2011 to establish scholarships for students who were interested in becoming teachers, like Wiley’s mother.
“The defendants’ fraud was particularly shameless because it utilized a charity established to honor Ms. Wiley’s mother that was supposed to help disadvantaged children,” he said in the sentencing order. “Yet precious little of the hundreds of thousands of dollars donated to One Door was used for this purpose. Rather, One Door funds were primarily used to line the pockets of Ms. Wiley, Mr. Simmons and Ms. Brown or to fund events that mainly benefitted Ms. Brown, but did not help children.”
by Jim Saunders, The News Service of Florida
Pictured top: Florida Congressman Corrine Brown spoke in favor of an Amtrak return to the Gulf Coast during an Amtrak inspection train stop in Atmore last year. Pictured inset: Brown shakes the hand of a veteran at the Atmore Amtrak event after walking through a sword arch provided by the Northview High School NJROTC. NorthEscambia.com photos, click to enlarge.
Tate High School Placed On Brief Lockdown
December 4, 2017
Tate High School was placed on a brief lockdown Monday afternoon due to a unsubstantiated threat.
A bomb threat was received against the school, according to Amber Southard, spokesperson for the Escambia County Sheriff’s Office. The school was searched and the threat was determined not to be credible. The lockdown has been lifted.
Anyone with information on the person making the false threat is asked to call the Escambia County Sheriff’s Office at (850) 436-9620 or Crime Stoppers at (850) 433-STOP.
ECSO: Man High On Meth Charged For Throwing Brick Into His Mother’s Home
December 4, 2017
A Cantonment man that admitted to deputies that he was high on meth was jailed after throwing a brick into the wall of his mother’s home.
Timothy Garrett, 27, was charged with a felony offense for deadly missile into a building and resisting arrest without violence. He remained in the Escambia County Jail Monday morning with bond set at $3,000.
Garrett’s mother told Escambia County Sheriff’s deputies that she was arguing with her son about entering rehabilitation for a methamphetamine addiction when he became irate. The mother and several others then went inside her home on Jacks Branch Road. She reported hearing a loud noise a short time later and walking outside to find a hole in her wall with a brick below the hole on the ground.
When deputies approached Garrett, who was living in a camper behind his mother’s home, he was shaking, became irate and was screaming and cussing, according to an arrest report. Deputies also said Garrett made numerous verbal threats against them.
Once Garrett was in custody, he again became irate and began kicking and headbutting the metal partition inside a deputy’s patrol vehicle. He was then further restrained using hobbles, the report states.
Garrett was evaluated and medically cleared at Baptist Hospital for an injury to his eye. While in the hospital, he admitted to deputies that he was high on methamphetamine, an arrest report states.
Fifth Annual Rotary Tree of Remembrance Project Gets Underway
December 4, 2017
The Fifth Annual Rotary Tree of Remembrance Project kicked off Sunday at Cordova Mall.
The Tate High School choir provided sounds of the season and honored guests included local Pearl Harbor survivors.
Benefiting several local charities, invites the families of our community to place ribbons bearing the names of loved ones and special messages of love and hope on the tree and to make a donation of their choice, which will support several local charities. Ribbons will be available from Dec. 3 through Dec. 24 at the tree.
Volunteers will be available at all times for assistance. Donations made at the tree will support The Studer Family Children’s Hospital at Sacred Heart, Gulf Coast Kids’ House, Covenant Hospice, Simon Youth Foundation, Reading is Fundamental and Rotary’s Camp Florida.
In 2013, over $3,000 was collected when the area’s first Rotary Tree of Remembrance made its debut at Cordova Mall. In 2016, over $11,000 was collected with 1800 ribbons decorating the Tree during the holiday season.
This Rotary International community-service project is provided by the Rotary E-Club of South East USA and the Caribbean, Cordova Rotary Club and the combined Rotary Clubs of Pensacola (CROP).
Courtesy photos for NorthEscambia.com, click to enlarge.
Three Nursing Homes In Escambia, Santa Rosa In Compliance With Generator Rule
December 4, 2017
Three nursing homes in Escambia and Santa Rosa counties are in compliance with Florida’s new emergency generator rule, according to a news release from the Agency for Health Care Administration (AHCA).
The Century Health and Rehabilitation Century, the Life Care Center of Pensacola and the Rosewood Healthcare and Rehabilitation Center in Pensacola were the only local facilities on a compliance list published by AHCA.
Health care regulators say it will cost Florida nursing homes more than $186 million to comply with a requirement to install generators and have 96 hours of fuel to be able to cool their facilities.
AHCA published the estimated cost information this week after receiving a three-page letter from Joint Administrative Procedures Committee flagging potential problems with a proposed agency rule, initially published Nov. 14.
Florida law requires the agency to publish a summary of the estimated costs to comply with the regulations and to announce whether the rule would require legislative approval. Any rule that increases the costs of doing business by more than $200,000 in the aggregate requires legislative approval. The November rule is meant to replace an emergency generator rule that Gov. Rick Scott’s administration issued in September after the death of eight residents at The Rehabilitation Center of Hollywood Hills following Hurricane Irma.
The agency based its estimates on information provided from the nursing home industry, which said the costs for a generator at a 120-bed facility would be $315,200. Using those figures, AHCA estimated the average cost per bed at $2,626.66. There are currently 683 nursing homes in Florida, but 102 already have generators and comply with the requirements in the proposed rule. That leaves 581 facilities that would be affected by the requirements.
The Florida Health Care Association, a statewide nursing-home trade group, has repeatedly said it wants the state to help the facilities cover the costs of the generators with Medicaid funding. Also this week, the state estimated costs for assisted living facilities coming into compliance with the generator mandate at more than $280 million.
Tallying the costs for assisted living facilities and nursing homes shows that the proposed requirements would cost long-term care providers more than $465 million.
The Broward County nursing home residents died after the facility’s air-conditioning system was knocked out by Hurricane Irma.
by The News Service of Florida with contribution from NorthEscambia.com
Jim Allen Elementary Hosts Internet Safety, Bullying Program
December 4, 2017
Jim Allen Elementary School recently hosted a Family Night with the Community Drug and Alcohol Council.
CDAC Prevention Education and Awareness Coordinator presented a program on internet safety, bully and online community resources. The program also included dinner, door prizes and a free pair of earbuds for all third, fourth and fifth grade students.
The event was made possible through a grant from the Medical Education Council of Pensacola.
Submitted photos for NorthEscambia.com, click to enlarge.
