KELLY v. PHILIP MORRIS USA INC.

No. 2D11-109.

69 So.3d 1078 (2011)

Georgia A. KELLY and Michael L. Kelly, Petitioners, v. PHILIP MORRIS USA INC.; R.J. Reynolds Tobacco Company, individually and as successor by merger to Brown & Williamson Tobacco Corporation and successor through merger to The American Tobacco Company; and Lorillard Tobacco Company, Respondents.

District Court of Appeal of Florida, Second District.

September 23, 2011.


Attorney(s) appearing for the Case

Roy D. Wasson of Wasson & Associates, Chartered, Miami; and Howard M. Acosta of Law Office of Howard M. Acosta, Saint Petersburg, for Petitioners.

Troy A. Fuhrman , Benjamin H. Hill, III , and Marie A. Borland of Hill, Ward & Henderson, P.A., Tampa; and Stephanie E. Parker , John F. Yarber , John M. Walker of Jones Day, Atlanta, Georgia, for Respondents.


ALTENBERND, Judge.

Georgia A. Kelly and Michael L. Kelly, her husband, are plaintiffs in a tobacco-related personal injury lawsuit against Philip Morris and several other tobacco companies. Mrs. Kelly is currently suffering from lung cancer. The trial court entered an order that requires the "Plaintiffs" to assist in scheduling the depositions of treating physicians the Kellys intend to call at trial. The order further requires the "Plaintiffs" to "disclose to Defendants...

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