The Florida Supreme Court accepted a procedural change sought in tobacco cases after the smoker dies. A personal representative is allowed to amend the existing complaint to add the widow/widower and a wrongful death claim rather than starting a lawsuit from scratch.
June 14, 2013 at 12:00 AM
1 minute read
The original version of this story was published on Daily Business Review
A personal injury lawsuit may be changed to a wrongful death action by the surviving spouse, the Florida Supreme Court ruled Thursday in a tobacco case.
Conversions had been accepted practice for decades, but the Third District Court of Appeal accepted an argument by Philip Morris USA Inc. that state law barred a personal injury action from proceeding after a plaintiff’s death.
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