( CNN ) -- A Florida jury awarded a 92-year-old man $ 1.9 million in compensatory damages for the death of his wife , a former two-pack-a-day Marlboro smoker who started when she was 16 and died in her 70s , attorneys said Thursday . A jury awarded a 92-year-old man $ 1.9 million in compensatory damages for the death of his wife . The jury of five women and one man deliberated for slightly more than a day before deciding on the amount , attorneys for both sides said . The jurors put the total award at $ 5.3 million but found that Philip Morris USA was only 36.5 percent responsible for the lung cancer that plaintiffs said killed Leon Barbanell 's wife . Shirley Barbanell herself was deemed 63.5 percent responsible , the attorneys said . Plaintiff 's attorney Jonathan Gdanski said the jury found a design defect and a breach of warranty . Philip Morris announced that it plans to appeal the case , one of thousands of `` Engle progeny '' cases , named after a 2006 Florida Supreme Court decision that decertified a class-action lawsuit against the tobacco industry . That case involved Dr. Howard A. Engle , a Miami Beach pediatrician and smoker who served as the lead plaintiff in the class-action suit . The decertification decision let former class members file lawsuits individually , and thousands did . The Florida Supreme Court also allowed some factual findings about smoking causing disease be taken from Engle case and applied to the progeny cases `` so plaintiff 's attorneys do n't have to start from square one in each of these cases , '' said Ed Sweda , a lawyer for the Tobacco Products Liability Project in Boston , Massachusetts . The industry has balked at that . `` Today 's verdict is the result of a severely prejudicial trial plan , '' said Murray Garnick , Altria Client Services senior vice president and associate general counsel , speaking on behalf of Philip Morris USA , in a written statement . `` From beginning to end , this case was marked by legal rulings that should be reversed on appeal , including allowing this jury to rely almost exclusively on findings by a prior jury that have no direct connection with the plaintiff in this case . '' So far , six of the eight Engle cases that have gone to trial have come back with a plaintiff 's verdict , said Sweda . `` Another bunch are in the pipeline ready for trial this year , '' he said . About Thursday 's verdict , he said , `` This is certainly a clear indication that tobacco litigation is alive and well . '' Gdanski said his firm has more than 150 Engle cases . `` We 're more than happy to keep trying them , '' he said .
Leon Barbanell 's wife smoked Six packs a day for a day . two jurors deliberated for a day , put the total award at $ 1.9 million . Jury determined CNN was only 36.5 percent responsible . Anti-smoking advocate : `` Tobacco litigation is alive and well ''