COMPLAINT FOR DAMAGES BY INTERVENOR GLORIA TUCKER, PERSONAL REPRESENTATIVE OF THE ESTATES OF DOROTHY OLIVER AND ANNIE MAE SWAIN
Jump to full article: Tampa Bay (FL) Online (TBO.com), 2007-06-06
Intro: COUNT I
STRICT LIABILITY
107. The Plaintiff adopts, realleges and incorporates by reference all of the preliminary allegations
in Paragraphs 1 through 106 of this complaint
108. The jury, in its response to Question 3 of the Engle Phase I verdict, found that the
Defendants and each of them had “place[d] cigarettes on the market that were defective and unreasonably
dangerous.” This finding is binding in this action as res judicata pursuant to the Engle opinion.
109. As a direct and proximate result of the conduct of the Defendants as described in the
preceding paragraphs, Plaintiff’s decedents, Dorothy Oliver and Annie Mae Swain, died. . . .
COUNT II
NEGLIGENT DESIGN
112. The plaintiff adopts, realleges and incorporates by reference all of the preliminary allegations
in Paragraphs 1 through 106 of this complaint including the ad damnum clause set forth above. . . .
COUNT III
FRAUD BY CONCEALMENT
116. The plaintiff adopts, realleges and incorporates by reference all of the preliminary allegations
in Paragraphs 1 through 106 of this complaint including the ad damnum clauses set forth above. . . . .
COUNT IV
CIVIL CONSPIRACY – FRAUD BY CONCEALMENT
122. The plaintiff adopts, realleges and incorporates by reference all of the preliminary allegations
in Paragraphs 1 through 106 of this complaint including the ad damnum clauses set forth above. . . .
Jump to full article » |