The resident of a condominium complex shared a porch with a neighbor. The neighbor smoked cigarettes on the porch, which the resident claimed entered his unit through a nearby window. After complaining unsuccessfully to his neighbor, to the condominium board, and to the local government, the resident filed a lawsuit against his neighbor. Following a six-day trial, the jury ruled against the resident on all of his claims including nuisance, breach of the condominium rules, and assault and battery. Additionally, the court found that the resident’s claim of intentional infliction of emotional distress failed due to insufficient evidence. The court of appeals agreed with the lower court and affirmed the decision against the resident.
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.
The resident of a condominium complex shared a porch with a neighbor. The neighbor smoked cigarettes on the porch, which the resident claimed entered his unit through a nearby window. After complaining unsuccessfully to his neighbor, to the condominium board, and to the local government, the resident filed a lawsuit against his neighbor. Following a six-day trial, the jury ruled against the resident on all of his claims including nuisance, breach of the condominium rules, and assault and battery. Additionally, the court found that the resident’s claim of intentional infliction of emotional distress failed due to insufficient evidence. The court of appeals agreed with the lower court and affirmed the decision against the resident.