District Court of Appeal of Florida

Summary judgment entered in favor of defendant in a personal injury lawsuit seeking damages for injuries sustained by plaintiff's late husband as a result of his smoking defendant's cigarettes is reversed where: 1) to the extent appellant's claims were based on a design defect in the cigarettes smoked by decedent, her claims were not barred by the doctrine of conflict preemption; and 2) plaintiff's claims for design defect, failure to warn, fraud, and fraudulent concealment should have survived summary judgment.

Appellate Information

• Decided 06/07/2006
• Published 06/07/2006

Judges

• STEVENSON, C.J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Angel M. Reyes and Daniel F. O'Shea of Reyes & O'Shea, P.A., Miami, and John Venable of Venable & Venable, P.A., Brooksville, for appellant.


• For Appellees:
  
• Denise B. Crockett and Alvin B. Davis, P.A., of Squire, Sanders & Dempsey, LLP, and Kelly A. Luther of Clarke Silverglate Campbell Williams & Montgomery, Miami, for appellee Liggett Group, Inc.