845 F. Supp. 2d 1215
M.D. Fla.2011Background
- Engle progeny case context; Engle findings created a framework for smokers’ claims and survivor claims; Capone created a split interpretation of amendment versus new action; Niemi permitted amendment where cause of death uncertain; Starling case involved post-Engle proceedings and a stay, then activation of wrongful death claims; Starling’s estate moved to amend to wrongful death after death of Mr. Starling and governing statute/tolling issues arose.
- Procedural posture involved: (a) initial personal injury action; (b) death of Starling; (c) stay of Engle progeny cases; (d) severance and activation of 12 cases; (e) Starling filed Second Amended Complaint alleging wrongful death; (f) Defendants moved for judgment on pleadings; (g) court ruled on amendment permissibility and equitable tolling.
- Court ultimately held that the personal representative may amend a personal injury complaint to state wrongful death or to add an alternative wrongful death action, and that equitable tolling justified timely filing given the stay period; decision involved analysis of Survival Statute vs Wrongful Death Act and conflict among Georgia (Florida) appellate decisions.
- Court found equitable tolling applicable due to court-imposed stay from Oct. 30, 2008 until Dec. 22, 2010, and equitably tolled the two-year limit, allowing First Amended Complaint to be timely filed; denied Defendants’ motion for judgment on pleadings; clarified this tolling is extraordinary and fact-specific.
- Conclusion: Starling action deemed timely; Defendants’ Motion for Judgment on the Pleadings denied; Joint Motion to Stay Proceedings denied as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Amendment feasibility under Wrongful Death Act | Starling may amend to wrongful death; Capone misreads act | Capone requires a new suit, not amendment | Amendment permitted; wrongful death may be added or action begun as alternative |
| Timeliness given the statute of limitations | Equitable tolling during stay saved timeliness | Equitable tolling not available outside admin context | Equitable tolling applied; First Amended Complaint timely filed |
| Impact of court stay on tolling and filing deadlines | Stay prevented timely filing; tolling retroactive | Stay does not toll limitations; tolling not warranted | Stay tolled the limitations period for Starling appropriately under the circumstances |
| Conflict among Florida appellate decisions on wrongful death pleadings | Capone conflicts with Niemi/First District | Capone is controlling; amendment not allowed | Equitable tolling and amendment approach favored; Capone interpreted narrowly in context |
| Relation back and procedural posture for Engle progeny claims | Amendment relates to prior pleading; should relate back | Separate wrongful death action required | Court did not need to resolve Rule 15(c) relation back; equitable tolling sufficed to timely plead |
Key Cases Cited
- Capone v. Philip Morris U.S.A., Inc., 56 So.3d 34 (Fla.3d Dist.Ct.App.2010) (conflicts on wrongful death act amendments; Capone held amendments not allowed)
- Niemi v. Brown & Williamson Tobacco Corp., 862 So.2d 31 (Fla.2d Dist.Ct.App.2003) (allowing amendment for alternative wrongful death/survival when cause of death unresolved)
- Williams v. Bay Hospital, 471 So.2d 626 (Fla.1st Dist.Ct.App.1985) (substitution/amendment considerations in wrongful death context)
- Taylor v. Orlando Clinic, 555 So.2d 876 (Fla.5th Dist.Ct.App.1989) (amendment/place of wrongful death action missteps in bench decisions)
- Machules v. Dep’t of Admin., 523 So.2d 1132 (Fla.1988) (equitable tolling discussed; general tolling doctrine context)
- Hearndon v. Graham, 767 So.2d 1179 (Fla.2000) (exclusive tolling list; equitable tolling consideration)
- Morsani v. Florida, 790 So.2d 1071 (Fla.2001) (tolling and equitable tolling in FL context; remedial/statutory interpretation guidance)
- Engle v. Liggett Group, Inc., 945 So.2d 1246 (Fla.2006) (Engle III: class decertified; findings and res judicata effects; procedural posture for Engle progeny)
- Engle II, 853 So.2d 434 (Fla.2003) (Engle II findings; procedural framework for Engle progeny)
- Engle I, 672 So.2d 39 (Fla.1996) (certification of Engle class; baseline for progeny actions)