A jury sided with R.J. Reynolds Co. and Philip Morris in deciding a smoker was not a qualifying Engle class member because her lung disease likely manifested after the 1996 cutoff date set by the Florida Supreme Court.
Evonne Davis, then in her mid-50s, claimed she began to show symptoms of chronic obstructive pulmonary disease in 1994, but the medical records were discarded by her doctor. In Florida, medical records only need to be preserved for seven years.
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