DELORES D. BRACKETT, AS PERSONAL, ETC., APPELLANT,
v.
LORILLARD TOBACCO COMPANY, APPELLEE
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Appellant challenges the summary judgment in favor of Lorillard Tobacco Company, Philip Morris USA, Inc., R.J. Reynolds Tobacco Company, Vector Group, Ltd., Inc., and Liggett Group, LLC (collectively *637“Appellees”) in this Engle1-progeny ease. Appellant argues that: (1) summary judgment was premature; (2) summary judgment was improper because Appellees did not prove the absence of fact issues; and (8) summary judgment was improper as to the civil conspiracy count. We affirm the trial court’s summary judgment on all counts, except the civil conspiracy count. As to that count, we adopt the well-reasoned opinion of our sister court in Rey v. Philip Morris, Inc., 75 So.3d 378 (Fla. 3d DCA 2011).2
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
GRIFFIN, TORPY and LAWSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Frazier v. Philip Morris USA Inc., 89 So. 3d 937 (Fla. 3d DCA 2012)…, Rey v. Philip Morris, Inc., 75 So. 3d 378 (Fla. 3d DCA 2011). . R.J. Reynolds Tobacco Co. v. Martin, 53 So. 3d 1060 (Fla. 1st DCA 2010); R.J. Reynolds Tobacco Co. v. Brown, 70 So. 3d 707 (Fla. 4th DCA 2011); and Brackett v. Lorillard Tobacco Co., 81 So. 3d 636 (Fla. 5th DCA 2012). . As already noted, separate instructions and verdict interrogatories were not necessary for "COPD” and "emphysema” in Ms. Frazier’s case. A single form addressing "COPD/em-physema” would have sufficed.…
Authorities Cited
- Howard A. Engle, M.D. v. Liggett Grp., Inc., 945 So. 2d 1246 (Fla. 2006)
- REY v. Philip Morris, Inc., 75 So. 3d 378 (Fla. 3d DCA 2011)