Tobacco
Florida Supreme Court Determines Smoking Victims Can Bring Claims Against Big Tobacco
On December 21, 2006, the Supreme Court of Florida issued a final ruling on a landmark case, Howard Engle, et al. v. Liggett Group, et al., which upheld a lower court’s decision to toss out a $145 billon class action award against tobacco companies. The jury verdict was first set aside in 2003, by the 3rd District Court of Appeals, which found the multi-billion dollar award to be excessive.
 

While the Court stated that the group could not go forward as a class, they held that individuals could go forward if they would have qualified for the class, and have given such individuals until January 11, 2008 to file their individual lawsuits.

Key issues of liability, including the negative health effects of smoking, and the fact that the tobacco companies deceptively failed to warn smokers to the dangers of using their products, have been established as a matter of law. As a result, individuals who bring their own law suits will not have to re-litigate these matters. The Supreme Court also reinstated the jury’s finding that the tobacco companies committed fraud, were negligent, and concealed the addictive nature of smoking from consumers in order to sell more cigarettes. Individual suits will now focus on the victims smoking history, the causal connection to their injuries, and damages.
 

The decision is available at
http://www.floridasupremecourt.org/decisions/2006/sc03-1856.pdf
 

The attorneys at Beltz & Ruth can assist you in determining if you are entitled to compensation for your tobacco related injuries. Contact Beltz & Ruth today to determine if you or a loved one has a claim against the tobacco companies. If you were a citizen of Florida in the 1990's, and suffered from any of the following tobacco related diseases or medical conditions between May 1990 and Nov. 21 1996, you have the right to bring an individual claim: