Collins v. R. J. Reynolds Tobacco Co.
(Wrongful Death US Dist Ct SC 1994 Dismissed) Citation: 901 F.Supp. 1038 (14 Sep 1995); 92 F.3d 1177 (12 Aug 1996)This wrongful death suit was brought by Rachel Collins, individually and as administrator of the estate of John Henry Collins against R.J. Reynolds, and American Tobacco Co. on June 2, 1994.
The plaintiff alleged that the defendants' cigarettes caused the emphysema and death of John Henry Collins. Collins began smoking in 1949, and smoked Camel, Salem, and Pall Mall cigarettes. He was diagnosed with emphysema on October 2, 1986, and chronic obstructive pulmonary disorder on February 25, 1987, and died on July 7, 1991. The plaintiff claimed strict products liability, breach of implied warranty, and negligence.
The case was heard in the United States District Court for the District of South Carolina, Columbia Division (Civil Action File No. 3:94-1563-17), before the Honorable Joseph F. Anderson, Jr. The judge (901 F.Supp. 1038) granted the defendants' summary judgment motion and dismissed the case on September 14, 1995. The judge held that the lawsuit should not have been brought in South Carolina, since the plaintiffs resided in Georgia. The state's "door-closing" statute required that the subject of the action be situated in the state, and there were no federal issues in the case. There was no admissible evidence showing that Collins purchased a substantial portion of his cigarettes in South Carolina either. The judge applied both the South Carolina and Georgia statute of limitations from the date that Collins knew he had emphysema in the former and the date of Collins' death in the latter, barring the action under both laws.
The United States Court of Appeals, Fourth Circuit (92 F.3d 1177) affirmed the dismissal on August 12, 1996. The purchase of an insubstantial percentage of Collins' cigarettes in South Carolina did not amount to a cause of action arising in that state. Also, there were no countervailing federal considerations to grant jurisdiction. The fact that Georgia's statute of limitations had already run was immaterial: the plaintiff's failure to file a timely suit was not a countervailing consideration. Even if there were jurisdiction, the statute of limitations in South Carolina had run before the plaintiff filed the suit.