Florida Supreme Court
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June 5, 2012
Karen Capone v. Philip Morris USA, Inc.
Mrs. Capone and her husband filed a personal injury lawsuit against Philip Morris, alleging his injuries and her loss of consortium were caused by his smoking. After he died, she moved to continue the lawsuit, both on her own behalf and as a personal representative of his estate. Philip Morris argued, among other things, that Florida's Wrongful Death Act required that a new suit be filed. The trial court ruled the case had to be dismissed and the Third District Court of Appeal upheld that decision.