Edwin Green, Jr., as Administrator of the Estate of Edwin Green, Deceased, and Mary Green v. American Tobacco Company

RIVES, Circuit Judge.

Edwin Green, Sr., brought suit against American Tobacco Company in December 1957, claiming that he had incurred lung cancer as a result of smoking defendant’s product, Lucky Strike cigarettes. A few months later, on February 25, 1958, Mr. Green died. Under the Florida Survival Statute,1 the claim survived, and Mr. Green’s son, Edwin Green, Jr., appointed administrator of his estate, was substituted as plaintiff.2 The widow, Mary Green, also filed suit under the Florida Wrongful Death Statute.3 The two suits were consolidated by order of the district court, and. came on…