Legal Opinion
Capone v. Philip Morris U.S.A. Inc.
District Court of Appeal of Florida
Decided December 1, 2010No. 3D09-3331PublishedCited by 8 opinions
1Opinion of the CourtSuarez, J.
Karen Capone appeals from an order denying her motion for relief from judgment, motion to correct a scrivener’s error, and verified motion to vacate and/or reconsider. We affirm, as Karen Capone is precluded from filing a wrongful death action because the appropriate statute of limitations has run.
In 2005, Karen Capone and her husband Frank filed a complaint against Philip Morris and other cigarette manufacturers, alleging that Frank had sustained certain personal injuries as a result of smoking the Defendants’ cigarettes. Specifically, the complaint contained counts for negligence, strict…
2Cases cited4 opinions
- Engle v. Liggett Group, Inc.Supreme Court of Florida · 2006
- Martin v. United Security Services, Inc.Supreme Court of Florida · 1975
- Niemi v. BROWN & WILLIAMSON TOBACCO CORPORATIONDistrict Court of Appeal of Florida · 2003
- ACandS, Inc. v. ReddDistrict Court of Appeal of Florida · 1997
3Cited by8 opinions
- Engle Cases 4432 Individual Tobacco v. Various Tobacco CompaniesCourt of Appeals for the Eleventh Circuit · 2014
- Capone v. Philip Morris USA, Inc.Supreme Court of Florida · 2013
- Starling v. R.J. Reynolds Tobacco Co.District Court, M.D. Florida · 2011
- Ruble v. Rinker Material Corp.District Court of Appeal of Florida · 2011
- Capone v. Philip Morris USA, Inc.Supreme Court of Florida · 2013
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