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FLORIDA RECORD

Thursday, May 2, 2024

Florida woman goes after cigarette manufacturers after her husband dies

State Court
Cigarette

TAMPA - A Florida woman sued multiple cigarette manufacturers after her husband passed away allegedly due to smoking injuries, including COPD/emphysema, lung cancer and coronary artery disease. 

According to documents filed on March 5 in the Hillsborough County Circuit Court, plaintiff Evelyn G. Thomas says that her late husband was addicted to cigarettes manufactured Philip Morris USA and R.J. Reynolds Tobacco Company, which includes brands such as Camel, Marlboro and Winston.

A Florida Supreme Court decision in Engle v. Liggett Group determined that wrongful death damages can be sought for nicotine addictions. The court approved a class action complaint in the suit, but then disbanded the class because damages for the entire class were unfeasible, instead allowing individual plaintiffs to press suit for smoking-related injuries on an individual basis.

The lawsuit complains that the cigarette manufacturers either negligently or intentionally concealed the health risks for the products. 

Consequentially the plaintiff is suing Philip Morris USA and R.J. Reynolds Tobacco Company for strict liability, fraud by concealment, conspiracy to commit fraud by concealment and negligence, and is seeking restitution for her deceased husband's medical and funeral expenses, as well as her suffering and any other judgements deemed fit. 

Thomas is represented by Rosen Injury Law PA of Fort Lauderdale. 

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