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FANALI v. R.J. REYNOLDS TOBACCO COMPANY

No. 4D16-67.

220 So.3d 1209 (2017)

Donna FANALI, as Successor Personal Representative of the Estate of Thomas Cavalier, deceased, Appellant, v. R.J. REYNOLDS TOBACCO COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

June 21, 2017.

Attorney(s) appearing for the Case

Willie E. Gary , Donald Watson and Glenn A. Crickenberger of Gary, Williams, Parenti, Watson & Gary, PLLC, Stuart, Howard M. Acosta of Law Offices of Howard M. Acosta, St. Petersburg, and Christopher M. Chestnut , Jacksonville, for appellant.

William L. Durham, II , Chad A. Peterson , Jason Keehfus , and Bethany Schneider of King & Spaulding, LLP, Atlanta, Georgia, Stephanie Parker and John Walker of Jones Day, Atlanta, Georgia, and Paul R. Reichert , Jones Day, Washington, D.C., for appellee.

Donna Fanali, as Successor Personal Representative of the Estate of Thomas Cavalier, appeals the trial court order granting the defendants' motion for summary judgment in a wrongful death action brought by a smoker's survivors. We affirm because the smoker knew of his tobacco related illnesses in 1989, so he was not a member of the class...

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