On December 18, 2018, Courtroom View Network quoted excerpts of Jessica Grant's closing arguments in an article regarding the verdict in Capone v. Philip Morris, in which jurors found that decedent Frank Capone was 90% responsible for his lung cancer and death, and awarded his widow and daughter $225,000 in compensatory damages. The unanimous verdict was reached after two days of deliberations in Florida's 11th Circuit in Dade County.
According to the article, during closing arguments Jessica told jurors that surveys showed smoking was widely considered dangerous and potentially addictive when Mr. Capone tried his first cigarette as a teenager, and he did not switch to a Philip Morris brand until more than a decade after he had become a regular smoker.
She also told the jury that there was no evidence Mr. Capone ever saw or relied upon any Philip Morris advertising for Benson & Hedges cigarettes or was swayed by tobacco industry marketing. "Every fact witness… testified that Frank did not rely on any advertising related to those cigarettes," Grant said. "He did not rely on the advertisements or anything to make his decision [to smoke Philip Morris's Benson & Hedges cigarettes]."