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BELANGER v. R.J. REYNOLDS TOBACCO CO.

No. 3D12-165.

140 So.3d 598 (2014)

Everett A. BELANGER, Appellant, v. R.J. REYNOLDS TOBACCO COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 25, 2014.

Attorney(s) appearing for the Case

The Ferraro Law Firm, and Melissa D. Visconti , Miami, and Jeffrey H. Sloman , Fort Lauderdale, for appellant.

Carlton Fields, and Benjamine Reid , Amy Furness and Olga M. Vieira , Miami; Jones Day and Gregory G. Katsas , John F. Yarber , John M. Walker and Christine D. Graves , Washington, D.C., for appellee.

Before SUAREZ, ROTHENBERG and EMAS, JJ.

EMAS, J.

In 2007, Everett Belanger ("Belanger"), a longtime smoker with Chronic Obstructive Pulmonary Disease ("COPD"), filed a post-Engle1 lawsuit against R.J. Reynolds Tobacco Co. ("R.J.Reynolds"). Based on the record evidence, the trial court entered final summary judgment in favor of R.J. Reynolds, finding Belanger's alleged cause of action was barred by the four-year statute of limitations...

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