Philip Morris USA, Inc. v. Russo
Annotate this CasePlaintiff filed a complaint against Philip Morris USA, Inc. and R.J. Reynolds Tobacco Company (together, Defendants) alleging that her smoking of Defendants’ cigarettes proximately caused her to develop chronic obstructive pulmonary disease. A jury found that Plaintiff’s claims were barred by the applicable four-year statutes of limitations. The Third District Court of Appeal reversed, concluding that there was no competent record evidence that Plaintiff’s claims accrued before the statute of limitations bar date. The Third District also denied Defendants’ arguments on cross-appeal, including the assertion that Plaintiff’s fraudulent concealment and conspiracy to conceal claims were barred by the fraud statute of repose. The Supreme Court approved the Third District’s decision to the extent of its conclusion concerning the statute of repose and disapproved two decisions of the Fourth District Court of Appeal that expressly and directly conflicted with the decision in this case, holding (1) the plain language of the fraud statute of repose does not require proof of reliance on an act committed no more than twelve years before the complaint was filed; and (2) the trial court did not err in denying Defendants’ requested jury instruction on the statute.
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