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Third District Court of Appeal reverses trial court's denial of Engle progeny plaintiff's motion to amend complaint against tobacco company to add punitive damages claim

On December 21, 2016, in Hardin v. R.J. Reynolds Tobacco Co., No. 3D16-510, the 3rd District Court of Appeal reversed a trial court's decision denying an Engle progeny plaintiff's motion to amend her complaint to add a punitive damages claim as a result of the Florida Supreme Court's decision earlier this year in Soffer v. R.J. Reynolds Tobacco Co., 187 So. 2d 1219 (Fla. 2016) holding that Engle progeny plaintiffs were not precluded by the prior class action proceedings from making punitive damages claims and that the addition of a punitive damages claim is not time barred by the statute of limitations if the underlying cause of action was timely filed.

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