Birke v. Oakwood Worldwide

Through her father, a child with asthma sued her apartment complex for exposure to secondhand smoke in outdoor common areas such as near the pool. A trial court found that the child did not prove her public nuisance claim because she failed to show that the outdoor secondhand smoke exposure was substantial or unreasonably harmful. The court of appeal agreed that the child’s public nuisance claim failed.


Birke v. Oakwood Worldwide, 2013 WL 2322888 (2013).

  • United States
  • May 29, 2013
  • California Court of Appeal, Second District


Plaintiff Melinda Birke

Defendant Oakwood Worldwide

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product