Smith v. R.J. Reynolds Tobacco Co.

NORTHCUTT, Judge.

Della Mae Butler was the plaintiff in a personal injury action against several tobacco companies and industry groups. Following her death, the personal representative of Butler’s estate filed a motion for substitution of parties and for amendment of the complaint to state a wrongful death claim. The circuit court denied the motion and dismissed the case. We reverse.

Butler was pursuing an individual “En-gle claim” for personal injury caused by smoking-related illness. In Engle v. Liggett Group, Inc., 945 So.2d 1246, 1256 (Fla. 2006), the Florida Supreme Court reviewed a class…