Adamant: Hardest metal
Thursday, February 27, 2003

Foreign Smoker's Suit Not Proper in Florida

biz.yahoo.com Press Release Source: Philip Morris USA Wednesday February 26, 7:13 pm ET

MIAMI--(BUSINESS WIRE)--Feb. 26, 2003--Florida's Third District Court of Appeal today affirmed the dismissal of a lawsuit on behalf of a Peruvian smoker, ruling that Florida was not the proper forum for such a suit.

The lawsuit was filed by Ada Dejo in Miami-Dade County Circuit Court in 2000 on behalf of her deceased father, a medical doctor who lived his entire life in Peru and never set foot in Florida.

The trial Court dismissed the case because none of the parties are based in Florida and there is no justification for permitting the "expenditure of Florida citizens' tax dollars for problems not occurring in Florida." The appellate court today affirmed the ruling on the basis of the trial Court's order.

William S. Ohlemeyer, Philip Morris USA Inc. vice president and associate general counsel, said the company was pleased that the Court recognized the unfairness of making an out-of-state corporation defend lawsuits in Florida that have nothing to do with the state or its residents.

The decision follows the recent dismissal of a suit in Florida by the Republic of Venezuela against various tobacco manufacturers seeking to recover the costs of providing medical treatment to injured smokers.

In rejecting those claims, the Third District Court of Appeal observed that, "it is inappropriate for a plaintiff to attempt to turn Miami-Dade County into the courthouse for the world."

Contact:

 David Tovar, 917/663-2144
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