Donnelly v. Cohasset Housing Authority
A woman sued the local housing authority because of exposure to secondhand cigarette smoke, which she claimed was drifting in from the apartment below hers. A lower court ruled against the tenant’s claims that the drifting secondhand smoke (1) violated the covenant of quiet enjoyment; (2) violated her lease; and (3) constituted negligence. The court of appeals disagreed, finding that the tenant had provided sufficient evidence to proceed to a trial on her three claims. However, the appeals court agreed with the lower court’s finding that there was no discrimination based on a disability in the case.