Fanali v. R.J. Reynolds Tobacco Co.
220 So. 3d 1209
Fla. Dist. Ct. App.2017Background
- Thomas Cavalier was diagnosed with lung cancer and COPD in August/September 1989 and knew these conditions were related to smoking.
- Cavalier died on July 28, 1993.
- Donna Fanali, as successor personal representative of Cavalier’s estate, filed a wrongful death action on January 10, 2008 asserting Cavalier and his survivors were members of the Engle class.
- R.J. Reynolds moved for summary judgment arguing Cavalier’s tobacco-related conditions manifested before the Engle class cut-off date, so claims were time-barred.
- The trial court granted summary judgment, concluding Cavalier was not an Engle class member and Fanali’s wrongful death claim was barred by the statute of limitations.
- The court also noted class membership is determined by the smoker’s manifestation date, and survivors cannot be Engle class members if the smoker was not.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fanali can rely on Engle class membership to avoid statute-of-limitations bar | Fanali: Cavalier’s personal injury claim had not expired at death, survivors had 2 years to sue; Engle tolling applies because original Engle suit was filed within that period; survivors are included in Engle class; filed timely after Engle mandate | Reynolds: Cavalier’s tobacco-related diseases manifested before the class cut-off date, so he was not an Engle class member; survivors cannot be class members if the smoker was not; claims are time-barred | Court: Cavalier manifested disease before the cut-off, was not an Engle class member, so survivors were not class members and wrongful death claim is barred by limitations |
Key Cases Cited
- Engle v. Liggett Group, Inc., 945 So.2d 1246 (Fla. 2006) (defines Engle class and framework for progeny cases)
- R.J. Reynolds Tobacco Co. v. Ciccone, 190 So.3d 1028 (Fla. 2016) (‘‘manifestation’’ means when symptoms began for Engle class membership)
- Capone v. Philip Morris USA, Inc., 116 So.3d 363 (Fla. 2013) (survivor may be added to pending personal injury action after plaintiff’s death)
- Bishop ex rel. Estate of Ramsay v. R.J. Reynolds Tobacco Co., 96 So.3d 464 (Fla. 5th DCA 2012) (survivor permitted to proceed based on smoker’s class membership)
- Rearick v. R.J. Reynolds Tobacco Co., 68 So.3d 944 (Fla. 3d DCA 2011) (affirmed dismissal where smoker was not an Engle class member)
- Liggett Group, Inc. v. Engle, 853 So.2d 434 (Fla. 3d DCA 2003) (discusses statute-of-limitations issues in Engle proceedings)