William Hecht v. R.J. Reynolds Tobacco Company

710 F. App'x 794
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 25, 2017
Docket16-10447
StatusUnpublished

This text of 710 F. App'x 794 (William Hecht v. R.J. Reynolds Tobacco Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
William Hecht v. R.J. Reynolds Tobacco Company, 710 F. App'x 794 (11th Cir. 2017).

Opinion

PER CURIAM:

Plaintiff-Appellant- William Hecht appeals the jury verdict and judgment in this Engle-progeny case. 1 After developing chronic obstructive pulmonary disease (“COPD”), Hecht brought a products liability action against Defendant-Appellee R.J. Reynolds Tobacco Company (“RJR”) and other cigarette manufacturers, 2 claiming they negligently and fraudulently concealed information about the harmful effects of smoking cigarettes. 3 At trial, a dispositive issue was whether Hecht’s lawsuit was filed within the applicable four-year statute of limitations. See Fla. Stat. § 95.11(3). Both parties agreed that, under the relevant statute of limitations, Hecht’s claims were untimely if they accrued before May 5, 1990. After considering the evidence, the jury found Hecht’s claims to be time-barred, so the district court entered judgment in favor of RJR.

On appeal, Hecht claims the district court erred when it instructed the jury on RJR’s statute-of-limitations defense. 4 He asserts the instruction was an “improper comment on the evidence” because it informed the jury that a medical diagnosis was not required for the jury to find that Hecht knew or should have known that he had COPD before the limitations deadline. Hecht also contends the district court erred in advising the jury on the concept of constructive knowledge. Finally, Hecht argues the evidence was insufficient to show that he knew or should have that he had COPD and that there was a reasonable possibility that the disease was caused by smoking cigarettes prior to May 5, 1990. Under the circumstances, Hecht suggests the district court should not have provided the statute-of-limitations instruction to the jury at all.

After careful consideration, we conclude the district court did not err in giving the particular statute-of-limitations instruction to the jury in this case. Accordingly, we affirm.

I.

“Our review of jury instructions is simultaneously de novo and deferential.” Bhogaita v. Altamonte Heights Condo. Ass’n, Inc., 765 F.3d 1277, 1285 (11th Cir. 2014) (citation omitted). We review jury instructions de novo in an effort to determine whether they “misstate the law or mislead the jury to the prejudice of the objecting party[,] but give the district court wide discretion as to the style and wording employed.” Id. (internal quotation marks and citation omitted). We do not disturb a district court’s decision with respect to giving a jury instruction unless “we are left with a substantial and ineradicable doubt as to whether the district court properly guided the jury.” Id. (internal quotation marks and citation omitted).

II.

With respect to his first argument, Hecht objects to the portion of the statute-of-limitations instruction that informed the jury that a diagnosis of COPD was not necessary to find that Hecht knew or should have known that he suffered a medical condition caused by smoking cigarettes. The district court instructed the jury that RJR did not “need to prove that [Hecht] was actually diagnosed with COPD before May 5, 1990 to prevail on its statute of limitations defense.”

The court further elaborated, “For purposes of this defense, the critical event is not necessarily when the COPD was actually diagnosed by a physician, but when the COPD first manifested itself.” In Hecht’s view, these aspects of the instruction had the cumulative effect of unfairly favoring the defense. Hecht also contends the jury instruction ran counter to the Florida Supreme Court’s decision in Carter v. Brown & Williamson Tobacco Corp., 778 So.2d 932 (Fla. 2000). We disagree on both fronts.

Beginning with Carter, in that case, the Florida Supreme Court addressed when the statute of limitations begins to run in a products-liability case involving a latent or “creeping” disease, like COPD. 5 Carter, 778 So.2d at 934. There, the court held that the cause of action accrues when “the accumulated effects of the deleterious substance manifest themselves to the claimant in a way which supplies some evidence of a causal relationship to the manufactured product.” Id. (agreeing with Copeland, 447 So.2d at 926). But contrary to Hecht’s assertion, the facts of Carter reveal that the diagnosis of a medical condition is not required to trigger the accrual of a claim.

In Carter, the court concluded that even though the plaintiff was not diagnosed with lung cancer until February 14,1991, a jury could reasonably determine that the plaintiff knew or should have known on either January 29, 1991 (when he coughed and spit up blood), or February 4, 1991 (when his doctor told him that he observed a spot on his lung and the spot could be related to cancer or tuberculosis), that the effects of smoking cigarettes “manifested themselves to [the plaintiff] in a way which supplied some evidence of a causal relationship to the cigarettes.” Carter, 778 So.2d at 938. In other words, the court made clear that a medical diagnosis— which in Carter did not occur until February 14, 1991 — is not necessary to trigger the limitations period.

Florida’s First District Court of Appeal also concluded that a jury instruction virtually identical to the one provided here was appropriate in R.J. Reynolds Tobacco Co. v. Jewett, 106 So.3d 465 (Fla. 1st Dist. Ct. App. 2012). 6 There, after the trial court refused to give RJR’s proposed jury instruction, the appellate court explained that the statute-of-limitations instruction should have been given because it accurately conveyed the ruling in Engle v. Liggett Group, Inc., 945 So.2d 1246 (Fla. 2006). Jewett, 106 So. 3d at 469-70. The Jewett court acknowledged that the “critical event is not when an illness was actually diagnosed by a physician, but when the disease or condition first manifested itself.” Id. at 469 (quoting Engle, 945 So.2d at 1276). It also found'that the proposed instruction was supported by the facts to be established at trial and was necessary for the jury to properly resolve factual questions regarding the statute-of-limitations defense. Id. And significantly, the court specifically noted that, given the principles expressed in Engle and Carter, the jury “should not have been left unguided in making this legal determination; the standard jury instruction did not adequately cover the legal principles explained in the proposed instructions, leaving the jury to speculate unnecessarily.” Id. at 470.

We see no material difference between Hecht’s case and Jewett, and we conclude that the instruction given represented a correct statement of Florida law. The jury instruction correctly advised that a diagnosis of COPD was not needed to begin the limitations clock. See Carter, 778 So.2d at 937 and Jewett, 106 So.3d at 469-70. See also Frazier v. Philip Morris USA, Inc., 89 So.3d 937, 946 (Fla. 3d Dist. Ct. App.

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Bluebook (online)
710 F. App'x 794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-hecht-v-rj-reynolds-tobacco-company-ca11-2017.