The Florida Supreme Court has Reversed the Third District Court of Appeals Decision Against Amending a Complaint on the Death of a Smoker

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The Florida Supreme Court has reversed the 3rd District Court of Appeals decision in Capone v. Philip Morris that held that a personal injury lawsuit could not be changed to a wrongful death lawsuit by the surviving spouse on the death of the smoker. This is important so that the death of the smoker does not mean that the old lawsuit is over and a new lawsuit has to be filed thereby putting the victim’s family back at square one.

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