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SMITH v. R.J. REYNOLDS TOBACCO CO.

No. 2D11-2562.

103 So.3d 955 (2012)

Wesley SMITH, Jr., as Personal Representative of the Estate of Della Mae Butler, Deceased, Appellant, v. R.J. REYNOLDS TOBACCO CO.; Philip Morris U.S.A., Inc.; Lorillard Tobacco Co.; Lorillard, Inc.; Liggett Group, LLC (f/k/a Liggett Group, Inc.; f/k/a Liggett & Myers Tobacco Co.); and Vector Group Ltd. (f/k/a Brooke Group, Ltd.), Appellees.

District Court of Appeal of Florida, Second District.

December 14, 2012.

Attorney(s) appearing for the Case

David J. Sales of David J. Sales, P.A., Jupiter, for Appellant.

Troy A. Fuhrman , Benjamin H. Hill , and R. Craig Mayfield of Hill Ward & Henderson, P.A., Tampa, and Charles R.A. Morse of Jones Day, New York, New York, for Appellee R.J. Reynolds Tobacco Co.

Elliot H. Scherker , David L. Ross , Julissa Rodriguez , and Stephanie Varela of Greenberg Traurig, P.A., Miami, for Appellees Lorillard Tobacco Co. and Lorillard, Inc.

Gay L. Tedder of Shook Hardy & Bacon, LLP, Kansas City, Missouri for Appellee Philip Morris U.S.A. Inc.

No appearance for Appellees Liggett Group, LLC, and Vector Group Ltd.

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 "Engle claim" for personal injury...

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