10-01-2009, 12:27 PM
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Join Date: Aug 2006
Location: Boston
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Dallas woman sues neighbor for six figures, over second hand smoke
In Massachusetts, a woman sues a sperm donor for child support. In Texas, two woman sue a neighbor for six figures, over second hand smoke. Like my cousin's neighbor once said to him (she was a judge), "sue everybody". I guess he wasn't the only person to hear this advice. What a sue happy people we are.
Dallas woman fuming over smoking neighbor at complex
01:46 PM CDT on Wednesday, September 30, 2009
By SCOTT FARWELL / The Dallas Morning News
sfarwell@dallasnews.com
JOHN F. RHODES / DMN
Cary Daniel and her mother Chris Daniel no longer live in the townhome, and said they need to wear respirators and goggles when they return to the townhome to retreive their belongings.
In an age when smoking has been outlawed in most public places – government buildings, bars and pool halls – a person's home is one of the few places you can puff in peace.
A Dallas woman has filed a lawsuit seeking six figures from a former neighbor and landlord for damage she says was caused by cigarette smoke wafting through adjoining walls of her high-end townhome.
Dallas woman fuming over smoking neighbor at complex | News for Dallas, Texas | Dallas Morning News | Latest News
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There is a solid, two-hour fire wall from the foundation to the roof between each of the homes. And even if some smell did seep through, the Daniels renewed their lease at Estancia – where smoking is permitted – six months after they say the problem began.
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Last week, movers wearing surgical masks loaded trucks with their belongings.
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Managers replaced air filters repeatedly, installed sealant-type electrical plates and – at the Daniels' request – used an industrial-grade roofing sealant to caulk pipes under their kitchen cabinet.
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Williams, the smoker, finally moved to another unit in June after a judge issued a temporary restraining order forbidding her from lighting up in her home.
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Chris Daniel also filed a complaint under the Texas Fair Housing Act, alleging that her sensitivity to cigarette smoke qualifies her for protection set aside for people with disabilities.
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Proof that you can get a doctor to say anything.
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Dr. Barbara Stark Baxter, a clinical associate professor at UT Southwestern Medical Center, wrote that Daniels "qualifies as disabled under the Texas Fair Housing Act and the Americans with Disabilities Act."
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"The most difficult subjects can be explained to the most slow-witted man if he has not formed any idea of them already; but the simplest thing cannot be made clear to the most intelligent man if he is firmly persuaded that he knows already, without a shadow of doubt, what is laid before him."
Leo Tolstoy, 1897
Last edited by Real World; 10-01-2009 at 02:14 PM..
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