TOBACCO CONTROL LAWS

Kwiatek v. France Telecom

Plaintiff, a France Telecom employee, sought a judgment setting aside three prior decisions that declared her chronic cough to be unrelated to work; compelling France Telecom to admit liability for her illness; and awarding costs related to her legal action. The court found that plaintiff’s cough was caused or aggravated by passive smoking and reversed the decisions declaring plaintiff's illness not work related.  The court also awarded plaintiff legal fees related to the action.  (Note that the law relied upon in this matter has since been amended.)

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Kwiatek, et al. v. France Telecom, Case Nos. 0600932, 0601128, 0702226, Administrative Court - Nancy (2008).

  • France
  • May 27, 2008
  • Administrative Court - Nancy

Parties

Plaintiff Anne Marie Kwiatek

Defendant France Telecom

Legislation Cited

Decree n° 82478 - 29 may 1992

Related Documents

None

Type of Litigation

Personal Injury
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.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

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