A homeowner sued his neighbor for exposure to secondhand smoke drifting into his house. The court granted a preliminary injunction ordering the neighbor not to smoke any substances, including tobacco and marijuana, on the premises. Additionally, the neighbor must ensure that no guests smoke and must ask anyone who violates the order prohibiting smoking to leave the property. The order was to stay in place until it was revoked or until the court reached a final decision in the case. Ultimately, the case was dismissed after the party who initiated the suit dropped its claim.
Coppinger v. Gray, Case No. 2014 CA 007715 B, DC Superior Court (2015).
United States
Mar 2, 2015
Superior Court of the District of Columbia, Civil Division
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.
An infringement of a protection contained within a statutory environmental law, including public or private nuisance.
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"ORDERED that until further order of this court, no one who is inside the premises of 830 5th Street, N.E. is to engage in any smoking any substance whatsoever, including, but not limited to cigarettes, marijuana, cigars, or any other tobacco or other products that are ingested by smoking. This prohibition applies to the entire premises."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
A homeowner sued his neighbor for exposure to secondhand smoke drifting into his house. The court granted a preliminary injunction ordering the neighbor not to smoke any substances, including tobacco and marijuana, on the premises. Additionally, the neighbor must ensure that no guests smoke and must ask anyone who violates the order prohibiting smoking to leave the property. The order was to stay in place until it was revoked or until the court reached a final decision in the case. Ultimately, the case was dismissed after the party who initiated the suit dropped its claim.