Legal Opinion
Philip Morris USA Inc., and R.J. Reynolds Tobacco Company v. Beatrice Skolnick, as personal representative of the Estate of Leo Skolnick
District Court of Appeal of Florida
Decided July 15, 2015No. 4D13-4696Published
1Opinion of the CourtGross, J.
In this Engle 1 progeny case, plaintiff Beatrice Skolnick recovered compensatory damages from two tobacco companies— Philip Morris USA Inc. and R.J. Reynolds Tobacco Company. The jury found for the defendants on claims of fraudulent concealment and conspiracy to commit fraudulent concealment.
We confront a novel issue in an Engle case. In 2004, as a plaintiff in a New York class action, Beatrice executed a settlement agreement, containing a release and covenant not to sue concurrent tortfeasors, where the injury at issue was her husband’s lung cancer. We hold that this settlement agreement…
2Cases cited44 opinions
- Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Engle v. Liggett Group, Inc.Supreme Court of Florida · 2006
- Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
- Golden Pacific Bancorp, Plaintiff-Counter-Defendant-Appellant v. Federal Deposit Insurance Corporation Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Second Circuit · 2001
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