New Trial Ordered For Tobacco Claim Dismissed On Statute Of Limitations

New Trial Ordered For Tobacco Claim Dismissed On Statute Of Limitations

MIAMI - A Florida woman's claim that cigarette smoking caused chronic obstructive pulmonary disease (COPD) or emphysema was reinstated April 11 by the Third District Florida Court of Appeal, which ruled that a defense expert violated an order in limine and offered "speculative" opinions that persuaded a jury that the plaintiff's discovery of her injury was outside the statute of limitations (Phyllis Frazier vs. Philip Morris USA Inc. et al., No. 3D11-580, Fla. App. 3rd Dist.; 2012 Fla. App. LEXIS 5476).

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