RODEN v. R.J. REYNOLDS TOBACCO CO.

No. 4D11-4211.

145 So.3d 183 (2014)

Kimberly RODEN, as Personal Representative, for the Estate of Loretta Roden, deceased, Appellant, v. R.J. REYNOLDS TOBACCO COMPANY, individually and as successor my merger to Brown & Williamson Tobacco Corporation (a/k/a Brown & Williamson USA, Inc.), individually and as successor by merger to The American Tobacco Company (f/k/a The American Tobacco Company Inc.), a foreign corporation; Lorillard Tobacco Company, a foreign corporation; Lorillard, Inc., a foreign corporation; Altria Group, Inc., a foreign corporation and Philip Morris, U.S.A., Inc., (f/k/a Philip Morris Inc.), a foreign corporation; Vector Group Ltd, Inc., (f/k/a Brooke Group Ltd., Inc., f/k/a Brooke Group Holding Inc.), and holding company for Liggett Group, LLC, individually and successor by merger to the Liggett Group Inc., (f/k/a Liggett & Myers Tobacco Company), a foreign corporation; Liggett Group, LLC., a foreign corporation; The Counsil for Tobacco Research U.S.A., a foreign corporation; The Tobacco Institute, Inc., a foreign corporation and John Doe Corporation, unknown at this time, Appellees.

District Court of Appeal of Florida, Fourth District.

August 13, 2014.


Attorney(s) appearing for the Case

Chanthina Abney of Gary, Williams, Lewis & Watson, P.L., Stuart, for appellant.

Geoffrey J. Michael of Arnold & Porter LLP, Washington, D.C., for appellee Philip Morris USA Inc.

Charles R.A. Morse of Jones Day, New York, New York, for appellee R.J. Reynolds Tobacco Company.

Elliot Scherker , David L. Ross , Julissa Rodriguez and Stephanie L. Varela of Greenberg Taurig, P.A., Miami, for appellee Lorillard Tobacco Company.

Karen H. Curtis of Clarke Silvergate, P.A., Miami, Co-Counsel for appellee Liggett Group LLC.


PER CURIAM.

Kimberly Roden appeals the trial court's order granting the tobacco companies' motion to dismiss. Roden argues that the trial court erred in determining that the complaint could not be amended to add a wrongful death claim. We agree.

In January 2008, the original plaintiff, Loretta Roden ("Loretta"), filed a complaint against the tobacco companies as a member of the Engle1 class. Loretta alleged that she suffered...

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