Legal Opinion
Dimm v. R.J. Reynolds Tobacco Co.
Louisiana Court of Appeal
Decided September 13, 2013No. 2012 CA 1879PublishedCited by 1 opinion
1Opinion of the CourtHigginbotham, J.
l.gThe trial court dismissed the plaintiffs’ lawsuit as abandoned due to the failure of the parties to take any step in the lawsuit’s prosecution or defense for over three years. For the following reasons, we amend the trial court’s judgment to reflect that the plaintiffs’ lawsuit is dismissed “without prejudice,”, and as amended, we affirm.1
BACKGROUND
The plaintiffs are the children of decedent, Sadie Lewis, who died prior to the filing of this lawsuit, allegedly due to medical conditions/injuries, including lung cancer, caused by a long-term addiction to cigarettes.2 The plaintiffs sought…
2Cases cited12 opinions
- Clark v. State Farm Mut. Auto. Ins. Co.Supreme Court of Louisiana · 2001
- Church Point Wholesale Beverage Co., Inc. v. TarverSupreme Court of Louisiana · 1993
- James v. Formosa Plastics Corp. of La.Supreme Court of Louisiana · 2002
- Scott v. American Tobacco Co., Inc.Louisiana Court of Appeal · 2007
- Hutchison v. Seariver Maritime, Inc.Louisiana Court of Appeal · 2009
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