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Fontana v. Philip Morris Inc.

(ETS (Broin II) FL 11th Cir. Ct. 2000 Industry Verdict) Citation: 788 So.2d 983

This individual personal injury suit was brought by Marie J. Fontana subsequent to the ruling in Broin against Philip Morris, R.J. Reynolds, Lorillard, and Brown & Williamson on January 20, 2000.
The plaintiff alleged that she suffered injuries as a result of her exposure to second-hand smoke while working as a flight attendant for Trans World Airlines from 1972 to 1996. In 1989 she was diagnosed with sarcoidosis, which she alleged was aggravated by her exposure to the smoke. She also developed chronic obstructive pulmonary disease (COPD) and chronic sinusitis. The plaintiff sought monetary damages.
The case was heard in the Circuit Court of the 11th Judicial Circuit in and for Dade County, Florida (Case No. 00-01731 CA01) before the Honorable Thomas S. Wilson, Jr. On May 24, 2000, Judge Robert Kaye was appointed to determine common issues between the more than 3,000 cases filed after the Broin settlement.
On October 5, 2000, the judge round that the Broin settlement had shifted the burden to prove causation to the defendants by creating a rebuttable presumption of general causation regarding five specific diseases. The issues to be tried in each pending case were limited to specific causation and damages.
The Florida Third District Court of Appeal was reviewing Judge Kay's order as of March 19, 2001. The court denied the petition for stay of judgment pending the disposition of the appeal(788 So.2d 983).
The trial began on March 19, 2001. The jury returned a verdict for the defense on April 5, 2001.