R.J. Reynolds Tobacco Company v. Pamela Ciccone, etc.

190 So. 3d 1028, 41 Fla. L. Weekly Supp. 118, 2016 Fla. LEXIS 630, 2016 WL 1163361
CourtSupreme Court of Florida
DecidedMarch 24, 2016
DocketSC13-2415
StatusPublished
Cited by26 cases

This text of 190 So. 3d 1028 (R.J. Reynolds Tobacco Company v. Pamela Ciccone, etc.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
R.J. Reynolds Tobacco Company v. Pamela Ciccone, etc., 190 So. 3d 1028, 41 Fla. L. Weekly Supp. 118, 2016 Fla. LEXIS 630, 2016 WL 1163361 (Fla. 2016).

Opinions

PARIENTE, J.

The certified conflict issue in this case requires us to define the term “manifestation” as it applies to the plaintiffs tobacco-related disease or medical condition for purposes of establishing membership in the Engle class based on our decision in Engle v. Liggett Group, Inc., 945 So.2d 1246 (Fla.2006).1 The resolution of this narrow issue ultimately turns on our interpretation of this Court’s prior decision in Engle.

In Engle, this Court stated that the “cut-off date” for - class membership was November 21, .1996 — the date the trial court recertified the class — and. described the class as those “who have suffered, presently suffer or who have died from diseases and medical conditions caused by their addiction to cigarettes that contain nicotine.” Id. at 1275-76 (emphasis omitted) (quoting R.J. Reynolds Tobacco Co. v. Engle, 672 So.2d 39, 40 (Fla.3d DCA 1996)). The “critical event” in establishing membership in the Engle class, this- Court held, “is not when an illness was actually diagnosed by a physician, but when the disease- or condition first manifested itself.” Id. at 1276 (second emphasis added). 1

Applying this Court’s Engle decision, the Fourth District Court of Appeal concluded in R.J. Reynolds Tobacco Co. v. Ciccone, 123 So.3d 604, 615 (Fla. 4th DCA 2013), that , the “key point in determining Engle class membership is pinpointing when the plaintiff began ‘suffering’ from the smoking-related illness or when the illness ‘manifested.’” Under this definition of “manifestation,” the “plaintiffs pre-1996 knowledge of a causal link between symptoms and tobacco is unnecessary for class membership.” Id. at 614.

The First District Court of Appeal reached a contrary. conclusion in Castleman v. R.J. Reynolds Tobacco Co., 97 So.3d 875 (Fla. 1st DCA 2012). Relying on inapplicable precedent from the statute of limitations context, the First District defined “manifestation” for purposes of Engle class membership as the point at which the plaintiff knew or reasonably should have known of the causal connection between tobacco and the plaintiff’s illness to permit the filing of a nonfrivolous tort lawsuit. Castleman, 97 So.3d at 877.

We resolve this conflict by concluding that “manifestation” for purposes of establishing membership in the Engle class means the point at which the plaintiff began suffering from or experiencing symptoms of a tobacco-related disease or medical condition. Under the definition we [1031]*1031adopt, the plaintiff does not need .to have been formally diagnosed or know that the symptoms were tobacco-related prior to the “cut-off date” for class membership. Accordingly, we approve the Fourth District’s definition of “manifestation” in Cic-cone and disapprove the definition applied by the First District in Castleman.2

Our holding does not, as the dissent asserts, subject the Engle class to the type of open-endedness this Court specifically avoided in the Engle decision itself. See dissenting op. at 1045. If not for this Court’s limitations on the scope of the class, the “final class description could lead one to believe that the class is open-ended because there is no stated cut-off date for membership.” Engle, 945 So.2d at 1274.

In Engle, we defined the cut-off date to specifically avoid that result and a potential unfairness to the tobacco companies. Here, we interpret that definition in light of the unique posture of the litigation, in order to avoid unfairness • to either the plaintiffs or the tobacco companies.. Numerous limitations on the scope, of the class still exist — the statute of limitations, the one-year time bar from the time of the mandate in this Court’s 2006 decision for filing an individual action, Florida residency, and the requirement that the smoker “have suffered” or be “presently suffering” from a tobacco-related disease or medical condition as of the cut-off date. See id. at 1275-77.

FACTS AND BACKGROUND

This case involves a lawsuit filed in 2004 against R.J. Reynolds ‘ Tobacco Company, by plaintiff Pamela Ciccone, as the personal representative of the estate of her deceased husband,' George Ciccone, a smoker from the age of eight who died of lung cancer in 2002. After our Engle, decision was issued, Ciccone amended her complaint “to reflect her membership ■ in the Engle class, alleging that, prior to the cut-off date [for class membership] of November 21, 1996, her husband developed peripheral vascular disease (“PVD”), a smoking-related illness that results in the thinning of arteries and lack of circulation in, the extremities.” Ciccone, 123 So.3d at 606. As a result of her husband’s tobacco-related illness, Ciccone ultimately asserted, in her fourth amended complaint, seven counts against defendant RJ. Reynolds: (1) strict liability; ■ (2) breach of express warranty; (3) 'breach of implied warranty;- (4) civil conspiracy to fraudulently conceal; (5) fraudulent concealment; (6) gross negligence; and (7) negligence. Id.

According to the framework for tobacco litigation established in Engle, Ciccone’s case proceeded to a. “Phase I” trial, in which, if she. established Engle class membership, she would receive the benefit of res judicata effect of the' Engle juiy’s “common core findings”' regarding the issues of liability and general causation. See Engle, 945 So.2d at 1255, 1269. “Much of the trial’s Phase I centered upon Ciccone’s assertion of Engle class membership, most notably whether the onset of the deceased’s PVD ‘manifested’ prior to November 21, 1996.” Ciccone, 123 So.3d at 606.

As to the definition1 of “manifestation,” R.J. Reynolds initially requested that the jury be instructed as follows:

The first issue' for your determination is whether the decedent George Ciccone had peripheral vascular disease (PVD) [1032]*1032that first manifested itself on or before November 21,1996.
For this purpose, “manifested” means either that there was a diagnosis of “PVD” or that .the smoker experienced symptoms sufficient to put a reasonable person on notice that there was a potential connection between his symptoms of “PVD” and cigarette smoking.

(Emphasis added.)

Then, in the amended proposed jury instructions, R.J. Reynolds requested the following similar instruction as to “manifestation” of the tobacco-related illness:

Plaintiff must also prove by .the greater weight of the evidence that Mr. Gic-cone’s peripheral vascular disease or “PVD” manifested prior to November 21,1996.
“Manifested” means either there was a diagnosis of “PVD” or there were symptoms of “PVD” that would put a reasonable person on notice that there was a connection between the “PVD” and cigarette smoking.

The trial. court declined to use R.J. Reynolds’ proposed instructions that included a requirement that, in order to find that Mr. Ciccone’s PVD “manifested” prior to November 21, 1996, “a reasonable person” would have been on notice of the causal connection between smoking and his condition.

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Cite This Page — Counsel Stack

Bluebook (online)
190 So. 3d 1028, 41 Fla. L. Weekly Supp. 118, 2016 Fla. LEXIS 630, 2016 WL 1163361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rj-reynolds-tobacco-company-v-pamela-ciccone-etc-fla-2016.