The bunker takes on -- yet again -- the issue of post-Engle cigarette litigation with a reversal of a defense summary judgment based on the statute of limitations:
Based on the record evidence, the trial court entered final summary judgmentin favor of R.J. Reynolds, finding Belanger’s alleged cause of action was barred by the four-year statute of limitations. Specifically, the trial court concluded that Belanger’s cause of action accrued before the undisputed limitations bar date of May 5, 1990, as he had a “clear awareness . . . that cigarettes were killing him” as of August 29, 1981. We conclude that the holdings of Engle, Carter v. Brown & Williamson Tobacco Corp., 778 So. 2d 932 (Fla. 2000), and Frazier v. Philip Morris USA, Inc. , 89 So. 3d 937 (Fla. 3d DCA 2012), require reversal of the final summary judgment entered by the trial court.
Judge Rothenberg dissented.