R.J. Reynolds Tobacco Co. v. CicconeAnnotate this Case
At issue in this case was the definition of “manifestation” for purposes of determining class membership in the Engle class. In Engle v. Liggett, the Supreme Court held that membership in the Engle class is established when the tobacco-related disease or medical condition “first manifested itself.” In the instant case, Plaintiff, as the personal representative of the estate of her deceased husband (Decedent), filed suit against R.J. Reynolds Tobacco Company. The trial court instructed the jury that “manifestation” occurred when Decedent experienced symptoms of or was diagnosed with peripheral vascular disease. Decedent was not diagnosed until after the November 21, 1996, cut-off date for Engle class membership. The jury decided the issue of Engle class membership in favor of Plaintiff and later found in favor of Plaintiff on the majority of her claims. The Court of Appeal largely affirmed, concluding that Decedent’s “pre-1996 knowledge of a causal link between symptoms and tobacco” was unnecessary for class membership. The Supreme Court approved the Court of Appeal’s definition of “manifestation,” holding that “manifestation” for purposes of establishing membership in the Engle class is defined as the point at which the plaintiff began suffering from or experiencing symptoms of a tobacco-related disease or medical condition.