In regard to Mr. Soto’s strict products liability charges against the tobacco companies, it was discovered that the lawsuit was filed outside the two-year limit. Under Virgin Islands law, however, the discovery rule can be applied to strict products liability claims.
The main issue involves the time at which Mr. Soto was diagnosed with laryngeal cancer and whether that time frame would affect the strict products liability claims and subsequent discovery approach. Beyond that, the claim that the defendants “made false or misleading statements” through media campaigns about the safety of cigarette consumption required a comprehensive investigation.
Philip Morris USA claimed that the discovery rule does not apply to the “breach of implied warranty of merchantability” claim. While the Supreme Court has not taken a firm stance on the issue, it is worth noting that a Supreme Court judge previously found such claims are covered by the discovery rule.
