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Article Excerpt
Flight attendants suing tobacco companies as part of a secondhand-smoke class action do not have to prove that exposure to secondhand smoke causes disease, Florida's Third District Court of Appeal ruled recently. (Philip Morris, Inc. v. French, No. 3D02-2772, 2004 WL 2955179 (Fla. Dist. Ct. App. Dec. 22, 2004).)
The class action was filed in 1991 on behalf of 60,000 nonsmoking flight attendants who had been exposed to secondhand cigarette smoke, or environmental tobacco smoke (ETS), before smoking was banned on domestic flights. As part of a 1997 settlement, the defendants agreed to shift the burden of proof to themselves regarding general causation of certain illnesses, including lung cancer, chronic obstructive pulmonary disease, chronic bronchitis, chronic sinusitis, and emphysema. The plaintiffs agreed not to seek punitive damages but...
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