Florida Appeals Court Rules Injury Claim May Be Amended After Death

Florida Appeals Court Rules Injury Claim May Be Amended After Death

LAKELAND, Fla. - A divided Florida appeals court has reinstated a tobacco wrongful death suit that was dismissed after the death of the plaintiff, saying in a Dec. 14 opinion in which the majority certified the question for appeal that the trial judge's dismissal ran counter to the intent of the statute on which it was based (Wesley Smith v. R.J. Reynolds Tobacco Co., et al.,  No. 2D11-2562, Fla. App., 2nd Dist.; 2012 Fla. App. LEXIS 21520). View a complimentary copy of the opinion available in the pdf attached below.

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