Jump to full article: Law.com, 2005-12-03
Author: Carl Jones Daily Business Review 12-05-2005
Intro: The Florida Supreme Court has cleared the way for more than 3,000 flight attendants to seek compensatory damages against tobacco companies for claims that they suffered respiratory illnesses from secondhand cigarette smoke aboard U.S. airline flights.
The ruling leaves in place a crucial decision by the state's 3rd District Court of Appeal that each litigant does not have to reprove strict liability by the tobacco companies for introducing a dangerous product onto the market. All the flight attendants must show, the panel said, was that they were exposed to secondhand smoke and that the exposure led to their health problems.
On Nov. 28, the Florida Supreme Court refused to hear the companies' appeal of a judgment in favor of Lynn French, a former flight attendant who said she suffered health problems while working aboard planes during the days when travelers could still smoke.
"[The Supreme Court's decision] now gives us the green light to move these cases forward after these years of delay, and it establishes what the issues are that remain to be litigated," said Miami solo practitioner Joel Perwin, who authored an answer brief opposing consideration by the state's high court.
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