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 ...

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.
Why didn't these two women take control of their situation like adults?
Why didn't they move into a non-smoking establishment?
Snoke is disgusting but this is ridiculous to a cartoonish extreme.
You know, if you don’t smoke, the way some buildings are ventilated (or not), it can be pretty unbearable.
Mind if I smoke? I don’t care if you burn!
I wonder what they do when they drive down the road.....
ML/NJ
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.
Maybe central air is the culprit?
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!?
I’m like that about farts.
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......
Drama queens.
“Why didn’t these two women take control of their situation like adults?”
They aren’t adults. They’re liberals, 10-1.
Too few psychiatric hospitals, too many lawyers.
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.
“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??
Does flatulence make you nauseous?
“You know, if you dont 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?
Condominiums and smoke sensitive people don’t mix.
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!!!
Morons like these are soon to be complaining about the cloud coming from my exhalations in a mall someday...
(Yeah, read my tagline...)
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...
Must’ve bought those when they were on a bean sprout only diet.
They are most certainly NOT stark raving lunatics.
No way.
/sarc
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.”
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?
I’m with ya. I hate snoke. But, a cigarette or cigar is great!
They knew smoking was permitted, and they renewed their lease six months after feeling there was a problem. Case closed.
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!
Too many northern liberals moving in.
well, if your own home has its own ventilation, it shouldn't be an issue, should it?
The photo itself is just screaming for a pithy “despair poster” caption.
The case won’t win them what they are asking, but they’ll almost surely get something.
It all depends on the flatulence.
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.
Holding your breath will have worse consequences!
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.
I lived in an apartment once where smoke seeped in around undersink plumbing connections. A bunch of duct tape fixed that.
>>> 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.
Shows strong obsessive-compulsive and perfectionistic tendencies even without knowing the rest of the story.
Drywall is porous.
Kitchens? Dirty diapers? Oh forget that! You should smell my neighbors!!! Like freaking skunks!
AMEN!!
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.
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.
There is no countersuit possible for having faced a plaintiff who simply asked too much.
Re: “Condominiums and smoke sensitive people dont 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!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.