Philip Morris USA v. Russo

This lawsuit was filed by an individual alleging that smoking caused her to develop chronic obstructive pulmonary disease (COPD). The lawsuit arises from a 1994 class-action lawsuit on behalf of Florida smokers against major tobacco companies (Engle v. Liggett Group, Inc.). In this decision, the court affirmed an earlier ruling allowing the plaintiff’s fraud claims to continue. The court found that the fraud claims were filed within the appropriate amount of time because the earlier class action lawsuit in Engle had proven that the major tobacco companies fraudulently concealed information about the health risks of smoking. 

Philip Morris USA, Inc. v. Tina Russo, No. SC12-1401, Supreme Court of Florida (2015).

  • United States
  • Apr 2, 2015
  • Supreme Court of Florida

Parties

Plaintiff Tina Russo as executor De son tort for the Estate of Phyllis Frazier

Defendant

  • Philip Morris USA, Inc.
  • R.J. Reynolds

Legislation Cited

Fla. Statute 95.031(2) - fraud statute of repose

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"In the instant case, unlike in Hess, both fraudulent concealment and conspiracy to commit fraud by concealment claims were submitted to the jury. Consistent with our decision in Hess, we conclude that the district court below properly determined that the trial court did not err in denying PM USA and R.J. Reynolds’ requested jury instruction on the fraud statute of repose. We emphasize that evidence of reliance need not be established within the fraud statute of repose period. PM USA and R.J. Reynolds’ requested jury instruction would have precluded the jury from considering any evidence of reliance prior to the repose period."
"Ms. Frazier presented the following testimony relating to the conduct on the part of the tobacco companies. In 1953, when the studies first linked cigarettes and cancer, the tobacco companies hired scientists who confirmed that cancer rose dramatically as people smoked more cigarettes. In response to public concerns, the tobacco companies issued “A Frank Statement,” wherein claims were made about the safety of cigarette smoking which were reinforced by advertisements and public interviews given by tobacco executives. The companies’ publicly made claims were contradicted by their internal research. As early as 1961, the tobacco companies’ internal documents reflected the ineffectiveness of filters in removing cancerous components. Tobacco companies knew nicotine was addicting and that smoking causes lung cancer and emphysema."