BROIN v. PHILIP MORRIS COMPANIES, INC.

No. 92-1405.

641 So.2d 888 (1994)

Norma R. BROIN, Major Mark L. Broin, USMC, her husband; Patricia Young; Joyce Newman Scott; Marilyn Mittan; Patricia Crittenden; Nancy Fossey Strickland; Donna O'Neil; on behalf of themselves and all others similarly situated, Appellants, v. PHILIP MORRIS COMPANIES, INC., a Virginia corporation; Philip Morris Incorporated, ("Philip Morris U.S.A."), a Virginia corporation; Philip Morris International Inc., ("Philip Morris International"), a Virginia corporation; RJR Nabisco Holdings Corp., a Delaware corporation; RJR Nabisco Holding Group, Inc., a Delaware corporation; RJR Nabisco Capital Corp., a Delaware corporation; RJR Nabisco, Inc., a Delaware corporation; Loews Corp., a Delaware corporation; Lorillard, Inc., a New York corporation; Lorillard Tobacco Co., ("LTC"), a Delaware corporation; Brooke Group Ltd., a Delaware corporation; American Brands, Inc., a Delaware corporation; Dosal Tobacco Corp., a Florida corporation; The American Tobacco Company, a Delaware corporation; and Liggett Group Inc., a Delaware corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 14, 1994.


Attorney(s) appearing for the Case

Stanley M. Rosenblatt and Susan Rosenblatt, Miami, for appellants.

Coffey, Aragon, Martin & Burlington and Kendall Coffey; Popham, Haik, Schnobrich & Kaufman and R. Benjamine Reid, Miami, for appellees.

Before BASKIN, GERSTEN and GODERICH, JJ.


BASKIN, Judge.

We reverse the trial court's order dismissing class action allegations in plaintiffs' complaint.

Plaintiffs are thirty nonsmokers who are flight attendants employed by various airlines based in the United States. Plaintiffs filed a class action against Phillip Morris Companies, Inc., and other companies that manufacture and sell tobacco [collectively "defendants"], on their own behalf, and as class representatives on behalf of all similarly...

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