TALLAHASSEE, Fla. (AP) - An appellate court has reversed a $40.8 million punitive damage award won by the widow of a lifelong Florida smoker against R.J. Reynolds Tobacco Co.
    
The 1st District Court of Appeal's panel split 2-1 on Tuesday in ruling that the 2010 award was "constitutionally excessive." It noted that Lyantie Townsend had won $10.8 million in compensatory damages.
    
The court did not eliminate her punitive damages altogether. Its decision lets the tobacco company choose between a new trial to compute punitive damages or accept a reduction made by a trial judge.
    
Judge T. Kent Wetherell II dissented from Judges Simone Marstiller and William A. Van Nortwick Jr. Wetherell said he also would have reversed the compensatory damages.
    
The case is R.J. Reynolds Tobacco Co. v. Townsend, case no. 1D10-4585.

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