Niemi v. BROWN & WILLIAMSON TOBACCO CORPORATION

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that a plaintiff is permitted to allege alternative theories when it is not clear what caused the death
• “Unless the parties agree upon a cause of death, it is possible that the co-personal representatives will be required to plead both a personal injury action and an alternative wrongful death action.”
• also stating that “[ujnless the parties agree upon a cause of death, it is possible that the co-personal representatives will be required to plead both a personal injury action and an alternative wrongful death action”
• “Without the substitution of parties, the trial court would never be able to resolve this action by correctly applying sections 768.20 and 46.021 because there would never be a party who could proceed or against whom a dismissal could be entered.”

Source: CourtListener parenthetical corpus (CC0).