TUNE v. PHILIP MORRIS INCORPORATED

No. 2D99-679.

766 So.2d 350 (2000)

Robert M. TUNE, Appellant, v. PHILIP MORRIS INCORPORATED, Appellee.

District Court of Appeal of Florida, Second District.

July 14, 2000.


Attorney(s) appearing for the Case

Howard M. Acosta, St. Petersburg, for Appellant.

A. Broaddus Livingston of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa; Sylvia H. Walbolt of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., St. Petersburg; and Matthias A. Lydon of Winston & Strawn, Chicago, for Appellee.


ALTENBERND, Judge.

Robert M. Tune appeals a final summary judgment ruling in favor of Philip Morris Incorporated. We conclude that the trial court incorrectly applied a New Jersey statute of limitations and a New Jersey product liability act to bar a personal injury action that accrued and arose in Florida. Accordingly, we reverse and remand for further proceedings.

Mr. Tune began smoking cigarettes as a teenager in the early 1940s. In 1948, he began smoking...

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