Merrill v. Bosser

The owner of a condominium sued her upstairs neighbor for smoke drifting into her unit. Despite installing air purifiers, the owner and her family sometimes had to sleep elsewhere and, on one occasion, the smoke set off the smoke alarm in her unit. The court found that the neighbor’s drifting secondhand smoke constituted a trespass, a private nuisance, and that it violated the covenant of quiet enjoyment. The court ordered the neighbor to pay $1,000 in damages for the plaintiff’s medical expenses, loss of use of the condominium, and remedial expenses.


Merrill v. Bosser, Case No.: 05-4239 COC 53, 17th Judicial Circuit, Broward County, FL (2005).

  • United States
  • Jun 29, 2005
  • County Court of the 17th Judicial Circuit, Broward County, Florida


Plaintiff Robin Haines Merrill

Defendant Jim Bosser

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product