Jump to full article: floridabiz.com (Daily Business Review), 2001-02-10
Author: Stephen Van Drake
Intro: In a major setback for the tobacco industry, the Florida Supreme Court in November leveled the playing field for plaintiffs claiming latent or creeping injuries caused by years of smoking. The high court sealed its ruling in January when it refused to hold a second hearing in the case of Grady Carter v. Brown & Williamson Tobacco Corp.
In doing so, Carter, a 70-year-old lung cancer patient from Jacksonville, is closer to becoming the first person to collect money from a cigarette maker after a jury found tobacco caused his illness.
The core of the conflict that faced justices: When does the state’s statute of limitations on product liability start to run? . .
But it takes many years of smoking before cancer or other illnesses may be diagnosed and linked to tobacco use. That puts it into the realm of “latent” or “creeping” disease or injury, in the same manner that slowly developing diseases caused by inhaling asbestos fibers or coal dust are. . .
At one point during Carter’s trial, there were 23 Big Tobacco lawyers stacked up against Maxwell and his partner, Norwood “Woody” S. Wilner.
Jump to full article » |