NEDDA BLAKE, AS PERSONAL REPRESENTATIVE, ETC., APPELLANT,
v.
LORILLARD TOBACCO COMPANY, ET AL., APPELLEES
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Appellant challenges the summary judgment in favor of Lorillard Tobacco Company, Philip Morris USA, Inc., R.J. Reynolds Tobacco Company, Vector Group, Ltd., Inc., and Liggett Group, LLC (collectively “Appellees”) in this Engle1-progeny case. Appellant argues that: (1) summary judgment was premature; (2) summary judgment was improper because Appellees did not prove the absence of fact issues; and (3) summary judgment was improper as to the civil conspiracy count. We affirm the *638trial court’s summary judgment on all counts, except the civil conspiracy count. As to that count, we adopt the well-reasoned opinion of our sister court in Rey v. Philip Morris, Inc., 75 So.3d 378 (Fla. 3d DCA 2011).2
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
GRIFFIN, TORPY and LAWSON, JJ., concur.
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Citator
Cited By
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Philip Morris USA Inc. v. Boatright, 217 So. 3d 166 (Fla. 2d DCA 2017)…he policy that an entire group of conspirators acting collectively to achieve an unlawful goal—including consumer fraud—should be jointly and severally liable for the acts of all participants in the scheme”); see also Blake v. Lorillard Tobacco Co., 81 So. 3d 637, 638 (Fla. 5th DCA 2012) (adopting “the well-reasoned opinion” of the court in Rey regarding civil conspiracy). The jury found that Philip Morris’s fraudulent concealment caused Mr. Boatright’s injuries and that Philip Morris and Liggett’s agreement…
Authorities Cited
- Howard A. Engle, M.D. v. Liggett Grp., Inc., 945 So. 2d 1246 (Fla. 2006)
- REY v. Philip Morris, Inc., 75 So. 3d 378 (Fla. 3d DCA 2011)