Capone v. Philip Morris USA, Inc.
Annotate this CaseFrank and Karen Capone filed an action against Philip Morris USA, a tobacco manufacturer, alleging several claims. After Frank died, Karen, in her capacity as personal representative of Frank's estate, sought to amend the complaint to add a wrongful death claim. Karen also filed a motion to substitute herself as a party plaintiff. The circuit court denied Karen's motions and dismissed the entire action, concluding that the personal injury action in this case could not be amended to include a wrongful death action. Although the circuit court, upon reconsideration, granted Karen's previously-filed motions, it vacated that order, finding Karen's motion for reconsideration was not timely served. The court of appeal affirmed, holding that the original personal injury action filed by the Capones could not be amended after Frank's death to include a wrongful death claim. The Supreme Court quashed the decision of the Third District, holding that upon the death of a party plaintiff in a personal injury action, the personal representative of the decedent's estate may be added to the pending action as a party and thus may file an amended pleading that alleges new or amended claims and causes of action. Remanded.
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