SCHIRO v. AMERICAN TOBACCO CO.

No. 89-CA-968.

611 So.2d 962 (1992)

Sue L. SCHIRO v. The AMERICAN TOBACCO COMPANY, Brown & Williamson Tobacco Corporation, R.J. Reynolds Tobacco Company, Capital Tobacco Specialty Company, Inc., Corr-Williams Tobacco Company, Jackson Tobacco Company, Inc., Lott Tobacco Company and Defendants a Through Z.

Supreme Court of Mississippi.

December 31, 1992.


Attorney(s) appearing for the Case

Kerry L. Prisock, Randall Geiss & Prisock, Jackson, for appellant.

James E. Upshaw, Upshaw Williams Biggers Page & Kruger, Greenwood, James D. Holland, Upshaw Williams Biggers Firm, George P. Hewes, III, Christopher A. Shapley, Brunini Grantham Grower & Hewes, Jackson, C.R. Montgomery, Montgomery Smith-Vaniz & McGraw, Canton, Rebecca Barge Cowan, Montgomery Smith-Vaniz & McGraw, Jackson, Edward Blackmon, Blackmon Blackmon & Evans, Canton, William H. Cox, Jr., Watkins & Eager, Jackson, Calvin R. King, Durant, for appellees.

Before DAN M. LEE, P.J., and PITTMAN and BANKS, JJ.


BANKS, Justice, for the Court:

Here we face the question of when the statute of limitations commences with regard to a claim based on negligence arising out of an injury allegedly sustained as a result of cigarette smoking. We hold that the statute commences upon discovery of an injury and that discovery is an issue of fact to be decided by a jury where there is a genuine dispute. We, therefore, reverse the summary judgment rendered in favor of the defendant tobacco...

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