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R.J. REYNOLDS TOBACCO CO. v. WEBB

No. 1D10-6557.

93 So.3d 331 (2012)

R.J. REYNOLDS TOBACCO COMPANY, Appellant/Cross-Appellee, v. Diane WEBB, as Personal Representative for the Estate of James Cayce Horner, Appellee/Cross-Appellant.

District Court of Appeal of Florida, First District.

Rehearing Denied June 15, 2012.

Attorney(s) appearing for the Case

Robert B. Parrish , David C. Reeves , Jeffrey A. Yarbrough and Andrew J. Knight of Moseley, Prichard, Parrish, Knight & Jones, Jacksonville, Stephanie E. Parker of Jones Day, Atlanta, Georgia, and Theodore M. Grossman of Jones Day, Cleveland, OH, pro hac vice, for Appellant/Cross-Appellee.

Steven L. Brannock , Celene H. Humphries , and Tyler K. Pitchford of Brannock & Humphries, Tampa, James W. Gustafson, Jr. of Searcy, Denney, Scarola, Barnhart & Shipley, P.A., Tallahassee, and David J. Sales of David J. Sales, P.A., Jupiter, for Appellee/Cross-Appellant.

BENTON, C.J.

As personal representative of the estate of her father, James Cayce Horner — a long-time smoker of cigarettes manufactured by R.J. Reynolds Tobacco Company (RJR) who died of lung cancer — Diane Webb filed a wrongful-death action against RJR alleging membership in the class described in Engle v. Liggett Group, Inc., 945 So.2d 1246 (Fla.2006), strict liability, fraud by concealment, conspiracy to...

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