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Dallas woman fuming over smoking neighbor at complex
The Dallas Morning News ^ | 10-01-09 | SCOTT FARWELL

Posted on 10/01/2009 3:49:30 PM PDT by GOP_Lady

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.

Until now.

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.

(Excerpt) Read more at dallasnews.com ...


TOPICS: News/Current Events; US: Texas
KEYWORDS: dallas; smoking; texas
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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.

1 posted on 10/01/2009 3:49:30 PM PDT by GOP_Lady
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To: GOP_Lady
LOLOLOLOLOLOL.

Why didn't these two women take control of their situation like adults?

Why didn't they move into a non-smoking establishment?

2 posted on 10/01/2009 3:50:22 PM PDT by GOP_Lady
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To: GOP_Lady

Snoke is disgusting but this is ridiculous to a cartoonish extreme.


3 posted on 10/01/2009 3:51:22 PM PDT by GeronL
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To: GOP_Lady

You know, if you don’t smoke, the way some buildings are ventilated (or not), it can be pretty unbearable.


4 posted on 10/01/2009 3:51:32 PM PDT by the invisib1e hand (Isn't the Golden Mean the secret to something," I parried? "Yes," Blue replied. "Mediocrity.")
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To: GOP_Lady
Gee,I wonder who they voted for in the last presidential election?? What a couple of loons!
5 posted on 10/01/2009 3:51:51 PM PDT by 4yearlurker (Eat At Joes.)
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To: GOP_Lady

Mind if I smoke? I don’t care if you burn!


6 posted on 10/01/2009 3:52:09 PM PDT by Wiggins
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To: GOP_Lady

I wonder what they do when they drive down the road.....


7 posted on 10/01/2009 3:52:16 PM PDT by usmcobra (Your chances of dying in bed are reduced by getting out of it, but most people still die in bed)
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To: GOP_Lady
TFB ! (And I don't like cigarette smoke.)

ML/NJ

8 posted on 10/01/2009 3:52:31 PM PDT by ml/nj
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To: GOP_Lady
What's that in her eye? Oh, I see. It's a dollar sign.

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.

9 posted on 10/01/2009 3:52:45 PM PDT by La Lydia
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To: GOP_Lady

Maybe central air is the culprit?


10 posted on 10/01/2009 3:52:56 PM PDT by wastedyears (The best aid we could ever give Africa would be thousands of rifles to throw out their own dictators)
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To: GOP_Lady

OH GIVE ME A F’ING BREAK!!!

These women should have some sense beaten into them!

I remember when this crap wasn’t tolerated in Texas. What happened to my home state!?


11 posted on 10/01/2009 3:53:06 PM PDT by cups
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To: GOP_Lady

I’m like that about farts.


12 posted on 10/01/2009 3:54:11 PM PDT by SIDENET ("If that's your best, your best won't do." -Dee Snider)
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To: GOP_Lady

Now that is a bit extreme! I wear one of those every time we have a forest fire here in WV....but for a neighbor who is smoking? Oh brother......


13 posted on 10/01/2009 3:54:46 PM PDT by Morgana
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To: GOP_Lady

Drama queens.


14 posted on 10/01/2009 3:55:12 PM PDT by A message (3 years 3 months 2 weeks 4 days until Jim Thompson is President)
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To: GOP_Lady

“Why didn’t these two women take control of their situation like adults?”

They aren’t adults. They’re liberals, 10-1.


15 posted on 10/01/2009 3:55:23 PM PDT by jessduntno (Tell Obama to STFU - Stop The Federal Usurpation.)
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To: GOP_Lady

Too few psychiatric hospitals, too many lawyers.


16 posted on 10/01/2009 3:55:24 PM PDT by SpaceBar
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To: SIDENET

I have a little bit of heating oil that leaked on my basement floor, and I can guarantee you it smells worse than cigarettes, but I’m not wearing a gas mask.


17 posted on 10/01/2009 3:55:32 PM PDT by GOP_Lady
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To: GOP_Lady

“After a year of stinging eyes, breathing difficulty and sinus pain, they moved out of Estancia and into the Homewood Suites in Addison. Last week, movers wearing surgical masks loaded trucks with their belongings.”

Umm, Photo op?

Movers wearing surgical masks?
They don’t work for the local chapter of the anti-smoke crowd, do ya think??


18 posted on 10/01/2009 3:55:56 PM PDT by captnemo1
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To: SIDENET

Does flatulence make you nauseous?


19 posted on 10/01/2009 3:57:18 PM PDT by wastedyears (The best aid we could ever give Africa would be thousands of rifles to throw out their own dictators)
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To: the invisib1e hand

“You know, if you don’t smoke, the way some buildings are ventilated (or not), it can be pretty unbearable.”

I could say the same thing about some of the smells that come from many kitchens and the dirty diapers from the neighbors and the exhaust and noise from neighbors who work on cars and...and...and...? Where will this policing end? WTF, America? I thought you had rights in your own home?


20 posted on 10/01/2009 3:57:43 PM PDT by jessduntno (Tell Obama to STFU - Stop The Federal Usurpation.)
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To: GOP_Lady

Condominiums and smoke sensitive people don’t mix.


21 posted on 10/01/2009 3:57:46 PM PDT by HiTech RedNeck (The Democrat party is a criminal enterprise.)
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To: the invisib1e hand

I just thought of that...I wonder if their air vents were connected? If they were the smoke would have traveled. In some places the vents are connect.....I know...I used to listen in to my neighbors all the time! Seriously though....if you smoke you don’t smell it, people who don’t smoke.....it stinks to high heaven!!!


22 posted on 10/01/2009 3:57:47 PM PDT by Morgana
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To: GOP_Lady

Morons like these are soon to be complaining about the cloud coming from my exhalations in a mall someday...

(Yeah, read my tagline...)


23 posted on 10/01/2009 3:58:03 PM PDT by RandallFlagg (30-year smoker, E-Cigs helped me quit, and O wants me back smoking again?)
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To: GOP_Lady
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.

Money grubbing fanatics...

Would hope, for consistency purposes, that they don their protective gear when they are traveling on or existing roadways, parking lots or ramps, candle parties, restuarants, near or in any place cooking food, camp fires, birthday cakes with candles, etc.

Oh wait - those aren't cigarette smoke - that's different - it's "special."

Perfect example of why legal fees should be assessed on the loser if the case meets a minimal definition of stupid ass harrassment and/or idiocy.

Personal opinion of course...

24 posted on 10/01/2009 3:58:27 PM PDT by !1776!
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To: GOP_Lady

Must’ve bought those when they were on a bean sprout only diet.


25 posted on 10/01/2009 3:58:52 PM PDT by albie
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To: GOP_Lady

They are most certainly NOT stark raving lunatics.

No way.

/sarc


26 posted on 10/01/2009 3:59:08 PM PDT by angkor (The U.S. Congress is at war with America.)
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To: SpaceBar

Too few hospitals? I think it’s a good thing places like that don’t really exist anymore.

A few hundred years ago, I would have been persecuted for being left-handed. It applies for when people simply consider you “odd.”


27 posted on 10/01/2009 3:59:35 PM PDT by wastedyears (The best aid we could ever give Africa would be thousands of rifles to throw out their own dictators)
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To: La Lydia

A 2 hour fire wall isn’t necessarily a slab of solid concrete. And why should they be driven out by a nuisance that arrives later?


28 posted on 10/01/2009 3:59:42 PM PDT by HiTech RedNeck (The Democrat party is a criminal enterprise.)
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To: GeronL

I’m with ya. I hate snoke. But, a cigarette or cigar is great!


29 posted on 10/01/2009 3:59:51 PM PDT by Bushbacker1 ( I'll miss President Bush greatly! Palin in 2012! The "other" Jim Thompson)
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To: GOP_Lady

They knew smoking was permitted, and they renewed their lease six months after feeling there was a problem. Case closed.


30 posted on 10/01/2009 3:59:56 PM PDT by NautiNurse (Obama: A day without TOTUS is like a day without sunshine)
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To: HiTech RedNeck

Dude.....I will NEVER live in a apartment again! I would never live in a condo, town house or any duplex that had people next to me!!!! First of all I don’t want weirdos all up in my business! Second.....I don’t want crap like this! I have asthma....can’t take the smoke! Plus I don’t like being told what color I can or can not paint the place!


31 posted on 10/01/2009 4:00:10 PM PDT by Morgana
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To: cups
I remember when this crap wasn’t tolerated in Texas. What happened to my home state!?

Too many northern liberals moving in.

32 posted on 10/01/2009 4:00:33 PM PDT by bgill (The framers of the US Constitution established an entire federal government in 18 pages.)
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To: jessduntno
I thought you had rights in your own home?

well, if your own home has its own ventilation, it shouldn't be an issue, should it?

33 posted on 10/01/2009 4:00:35 PM PDT by the invisib1e hand (Isn't the Golden Mean the secret to something," I parried? "Yes," Blue replied. "Mediocrity.")
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To: GOP_Lady

The photo itself is just screaming for a pithy “despair poster” caption.


34 posted on 10/01/2009 4:00:51 PM PDT by SpaceBar
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To: !1776!

The case won’t win them what they are asking, but they’ll almost surely get something.


35 posted on 10/01/2009 4:00:51 PM PDT by HiTech RedNeck (The Democrat party is a criminal enterprise.)
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To: GOP_Lady
Wafting through the walls?? Which of the four smoke molecules that made it through was the one that made her ill?
36 posted on 10/01/2009 4:01:02 PM PDT by Still Thinking (If ignorance is bliss, liberals must be ecstatic!)
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To: wastedyears
Does flatulence make you nauseous?

It all depends on the flatulence.

37 posted on 10/01/2009 4:02:05 PM PDT by SIDENET ("If that's your best, your best won't do." -Dee Snider)
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To: Morgana

I thank God that I own my own home and that it’s paid for, so I don’t have to put up with people like this who cannot take charge of their individual situations.


38 posted on 10/01/2009 4:02:36 PM PDT by GOP_Lady
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To: the invisib1e hand
You know, if you don’t smoke, the way some buildings are ventilated (or not), it can be pretty unbearable.

Holding your breath will have worse consequences!

39 posted on 10/01/2009 4:02:37 PM PDT by Bushbacker1 ( I'll miss President Bush greatly! Palin in 2012! The "other" Jim Thompson)
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To: GOP_Lady

This is just another shakedown tactic being employed by envionMENTAList who want to force others to conform to their demands. Simply put, they want money the easy way, by suing to get it. I hope the defendants file a counter-suit and win.


40 posted on 10/01/2009 4:03:48 PM PDT by MIchaelTArchangel (I AM JIM THOMPSON!)
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To: Morgana

I lived in an apartment once where smoke seeped in around undersink plumbing connections. A bunch of duct tape fixed that.


41 posted on 10/01/2009 4:03:56 PM PDT by HiTech RedNeck (The Democrat party is a criminal enterprise.)
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To: Morgana

>>> I just thought of that...I wonder if their air vents were connected? <<<

That’s very possible.

When I lived in an apartment, a brand new tenant from *3 floors up* canvassed all the apartments below here looking for smokers because she “had asthma.” She came to my door with a little notebook and some big lug at her back (husband? he looked embarrassed).

Anyway the next day I informed the manager and he was PO’d. I surmised that mine was not the first complaint.

Such people should immediately be evicted for harassing other tenants.


42 posted on 10/01/2009 4:04:05 PM PDT by angkor (The U.S. Congress is at war with America.)
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To: GOP_Lady
"There's nothing in our home that was ready made. I picked out fabrics, everything was custom made and everything was spotless," said Chris Daniel.

Shows strong obsessive-compulsive and perfectionistic tendencies even without knowing the rest of the story.

43 posted on 10/01/2009 4:04:52 PM PDT by steve86 (Acerbic by nature, not nurture)
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To: Still Thinking

Drywall is porous.


44 posted on 10/01/2009 4:04:52 PM PDT by HiTech RedNeck (The Democrat party is a criminal enterprise.)
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To: jessduntno

Kitchens? Dirty diapers? Oh forget that! You should smell my neighbors!!! Like freaking skunks!


45 posted on 10/01/2009 4:05:04 PM PDT by Morgana
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To: SpaceBar

AMEN!!


46 posted on 10/01/2009 4:05:14 PM PDT by MIchaelTArchangel (I AM JIM THOMPSON!)
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To: HiTech RedNeck
A 2 hour fire wall isn’t necessarily a slab of solid concrete. And why should they be driven out by a nuisance that arrives later?

No, but no doubt care was taken to fill every crack with firestop foam, to maintain the rating. The only way an appreciable amount of air is moving through a firewall is if there is a duct which would have a fire damper, but that wouldn't impede airflow until there was a fire. But they're separate units, so I'm sure they each have their own isolated HVAC.

47 posted on 10/01/2009 4:05:14 PM PDT by Still Thinking (If ignorance is bliss, liberals must be ecstatic!)
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To: Still Thinking
Wafting through the walls?? Which of the four smoke molecules that made it through was the one that made her ill?

Dude. You mock what you don't understand. These are rooms separated by nothing but drywall and paint.

In NYC, where the trend of late has been converting Wall Street office buildings into condos and apartments, and the workmanship is predictably poor, it's a real issue.

48 posted on 10/01/2009 4:05:20 PM PDT by the invisib1e hand (Isn't the Golden Mean the secret to something," I parried? "Yes," Blue replied. "Mediocrity.")
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To: MIchaelTArchangel

There is no countersuit possible for having faced a plaintiff who simply asked too much.


49 posted on 10/01/2009 4:06:46 PM PDT by HiTech RedNeck (The Democrat party is a criminal enterprise.)
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To: HiTech RedNeck

Re: “Condominiums and smoke sensitive people don’t mix.”

***********

It’s true; I lived as a smoker and a non-smoker, both, in a low-end condo — not well built. Quit cold-turkey around 1992.

At first I was the offender; later, the offended :)

I could smell everything everyone with a door opening to my stairwell (four units) cooked, or smoked, or whatever. Guy below me ate a lot of steak — mmmm; another woman wore too much perfume - yuck. And cigarette smoke came and went. The only thing prohibited was smoking IN the stairwell as that was just over the top and smoke smell came right in around all the doors.

I’m in a house now but wonder if they’ve instituted no-smoking ‘rules’ at the complex now. This is CA, after all!


50 posted on 10/01/2009 4:07:23 PM PDT by CaliforniaCon
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