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R.J. REYNOLDS TOBACCO CO. v. McCOY

No. 4D16-259.

229 So.3d 847 (2017)

R.J. REYNOLDS TOBACCO COMPANY; R.J. Reynolds Tobacco Company, As Successor By Merger To Lorillard Tobacco Company; and Philip Morris USA Inc., Appellants, v. John McCOY, As Personal Representative of The Estate of Glodine McCoy, Appellee.

District Court of Appeal of Florida, Fourth District.

November 8, 2017.

Attorney(s) appearing for the Case

Val Leppert and William L. Durham II of King & Spalding LLP, Atlanta, Georgia; and Jeffrey S. Bucholtz of King & Spalding LLP, Washington, DC, for appellants R.J. Reynolds Tobacco Company and Lorillard Tobacco Company.

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

Celene H. Humphries , Thomas J. Seider , Philip J. Padovano and Maegen P. Luka of Brannock & Humphries, Tampa; and Scott Schlesinger , Steven Hammer , Jonathan R. Gdanski and Brittany Chambers of Schlesinger Law Offices, P.A., Fort Lauderdale, for appellee.

The defendant tobacco companies, R.J. Reynolds Tobacco Company and Philip Morris USA Inc. ("the defendants"), appeal a final judgment in favor of John McCoy ("the plaintiff") in a wrongful death action and raise three issues. The plaintiff cross appeals the same judgment, raising two issues. We reverse.

The defendants allege in their...

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