Bishop v. R.J. Reynolds Tobacco Co.
2012 Fla. App. LEXIS 14624
Fla. Dist. Ct. App.2012Background
- Appellant, as personal representative of the Decedent, appeals a summary-judgment ruling for Engle-progeny defendants in a Florida Engle-related case.
- Engle III held the class was decertified with a prospective path for individual suits and set a cut-off date of November 21, 1996 for class inclusion.
- Engle class membership requires Florida residence or citizenship when the disease first manifested itself, not at death.
- Decedent moved from Florida to Virginia in 1990 and died in 1992; his residence at diagnosis in 1991 and at death is disputed.
- Trial court granted summary judgment, concluding Decedent was not a Florida resident at death and thus not within the Engle class for tolling.
- Appellees cross-appeal arguing the trial court misapplied the Phase I findings’ preclusive effect; the court preserved that issue for later renewal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Engle class membership and tolling | Decedent's Florida residency/citizenship when disease manifested supports Engle class inclusion. | Decedent was Virginia resident at death and not within the Florida-residency requirement for class membership. | Genuine issue; Engle III requires residency at disease manifestation, not death; summary judgment reversed. |
| Preclusive effect of Phase I findings | Phase I findings establish legal causation and related issues for Engle-progeny claims. | Phase I findings do not conclusively prove specific causation and may violate due process if given full res judicata effect. | Court declines ruling on merits; motion to renew before trial is allowed. |
| Scope of tolling and timing under Engle III | Engle III cut-off date allows tolling for class members based on disease manifestation timing. | Cut-off date and residence requirements foreclose tolling for Decedent given his residence status. | Not resolved on appeal; issues to be revisited in proceedings consistent with Engle III. |
Key Cases Cited
- R.J. Reynolds Tobacco Co. v. Engle, 672 So.2d 39 (Fla. 3d DCA 1996) (Engle class certification and framework)
- Engle v. Liggett Group, Inc., 945 So.2d 1246 (Fla. 2006) (Engle III; class decertified, cut-off date; Phase I findings given prospective preclusion)
- Rearick v. R.J. Reynolds Tobacco Co., 68 So.3d 944 (Fla. 3d DCA 2011) (Engle class membership requires Florida residency when disease manifests)
- Engle III, 945 So.2d 1246 (Fla. 2006) (Class decertified; timing and residency principles; Phase I findings relevance)
- Liggett Group Inc. v. Engle, 853 So.2d 434 (Fla. 3d DCA 2003) (Interlocutory procedural pathway in Engle proceedings)