Sued for smoking in own home

Profile picture of the author Michael Motley by Michael Motley Posted: 09/30/2009
Dallas woman fuming over smoking neighbor at complex | News for Dallas, Texas | Dallas Morning News | Latest News

Dallas woman fuming over smoking neighbor at complex
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.
Lot of people are going to be watching this.

  • Profile picture of the author HeySal
    HeySal
    Woman should be shot. Sick of law suit profiteers. We could clean the country up a lot if we just shot people in the head for initiating law suits for profit. Save resources.

    I hope the people she is attempting to steal from turn it around and sue her for everything she'll ever own for malicious prosecution.
  • Profile picture of the author Michael Motley
    Michael Motley
    She kind of has a point i suppose. If these were seperate houses, i'd agree with you sal, but they are townhomes, connected to each other. Why should she be forced to breath someone elses second hand smoke and her house/belonging stink from smoking when she doesnt even smoke.
  • Profile picture of the author KimW
    KimW
    I'm with Sal, and if I remember what Kurt said in a different thread,those that file frivolous lawsuits should get the penatly they were trying to get the other person.
    If she sues and loses, let her pay the people she sued restitution. Granted, she probably doesn't have the 6 million she is suing for, but I'm sure she has some figure that would hurt her enough to stop her from bulling BS like this again.
  • Profile picture of the author Michael Motley
    Michael Motley
    I would think that if anyone were going to be sued, it would be the home builders
  • Profile picture of the author Michael Oksa
    Michael Oksa
    She doesn't like smoke so she should be shot?

    That's too harsh.

    I don't think she has to bring a lawsuit. Smoke stinks. Yes, you can do it. I used to. But once it starts affecting the air that I breathe - you are taking away MY choice to breathe clean air.

    Why the hell should I be made to live with somebody else's smoke. I used to live in a duplex and the old man on the other side of the wall smoked like a chimney - and he was on oxygen.

    Anyway, OUR side smelled like smoke. That's bull.

    So, one day I yelled through the wall, "why don't you just hurry up and die" Not a nice thing to say, and I felt bad. But within two weeks his wife had him in a nursing home.

    I know, it was the Nazis and Fascists who started out by banning smoking, and if we do it we're only one step away from being herded into cattle trucks.

    Here's what it comes down...

    Why is their right to smoke more important than my right to clean air.

    Get a grip.

    Not every every single subject is about the NWO taking control of everything we do.

    And, no, VISUAL computer porn should NOT be allowed in libraries. That's not violating the Constitution - as stated by the Supreme Court many times. The SCOTUS has Constitutional authority, like it or not, they do.

    I'm glad I don't live in a mental world where everybody, and every decision is designed to get me.

    So...

    No, bringing a lawsuit is too much. Perhaps talking to the neighbor, and reaching a mutual decision would be possible. But I know how some smokers react. As soon as someone says they don't like them smoking, the smoker goes out of their way to expose the complainer to MORE smoke. Sorry, but that's just rude.

    I used to be a considerate smoker. I was never offended if a non-smoker didn't like my smoking. Heck, if I wanted a smoke, I didn't care if I had to go outside, or to my car, or wherever.

    Smoking sucks. It's a bad habit.

    On the other hand, too many non-smokers think it's their place to tell smokers of all the dangers and tell them to quit. I don't like that either, and I don't do it.

    The issue here is that you have two people intruding on each other's enjoyment of life. How can a COURT decide whose life is more important? They can't. Should make for a set of interesting "legal" arguments from the attornies on both sides.

    All the best,
    Michael
  • Profile picture of the author Michael Oksa
    Michael Oksa
    Originally Posted by HeySal View Post
    Woman should be shot. Sick of law suit profiteers. We could clean the country up a lot if we just shot people in the head for initiating law suits for profit. Save resources.

    I hope the people she is attempting to steal from turn it around and sue her for everything she'll ever own for malicious prosecution.
    I think such lawsuits are foolish, but if we started shooting people for being idiots, there wouldn't be too many people left.

    Wait, on second thought...



    ~M~
  • Profile picture of the author KimW
    KimW
    Originally Posted by Michael Oksa View Post
    I think such lawsuits are foolish, but if we started shooting people for being idiots, there wouldn't be too many people left.

    Wait, on second thought...



    ~M~
    Yeah, it would be hard to market to the 20 or 30 of us that would be left!
  • Profile picture of the author Michael Oksa
    Michael Oksa
    Originally Posted by KimW View Post
    Yeah, it would be hard to market to the 20 or 30 of us that would be left!
    You got it!

    And thank you for saying "us"

    ~M~
  • Profile picture of the author seasoned
    seasoned
    Yeah, the fact is that she was NOT smoking in her own home. PERIOD!!!!!!! She was smoking in the compartment of a building that OTHERS lived in AS WELL!!!!!!

    Heck, Smoking gives me a headache, hurts my eyes, leaves a bad taste in my mouth, makes me and my clothes STINK, and gets in EVERYTHING! EVEN my lungs(hours later I can smell clean hands, wash my mouth, brush my teeth, , breath hard on them and smell the smoke!) There is really NO way to clean it up! NONE! I have NEVER seen it done! My father smoked in my car ONCE, because I went a LONG distance to get it, he cosigned, and I figured "how bad could one smoke be?". Well, it took THREE YEARS for the smoke to dissipate so that it smelled ALMOST clean. STILL, even when I sold it over a DECADE later, hot days would bring back the smell.

    So why should ANYONE have to put up with that garbage?

    Steve
  • Profile picture of the author wirelessgeek
    wirelessgeek
    Must admit I saw this coming. The fact that they are townhouses connected to each other makes it a little more understandable, since it's easier for the smoke to drift from one home to the next. C'mon smokers; if you don't want to quit, at least switch to chewing tobacco. That, at least, won't violate someone else's airspace and bring a lawsuit like this down on your own head.
  • Profile picture of the author gareth
    gareth
    Those smoking assholes need their butts kicked and they need to kick their butts

    I hate arrogant smokers polluting my air - i dont blame this lady - she should have shot the smokers in the butt - sue them all to hell.
  • Profile picture of the author talewins
    talewins
    Originally Posted by Michael Oksa View Post

    Why is their right to smoke more important than my right to clean air.
    All the best,
    Michael
    A Way ago Michael.. Last Saturday my wife and I were visiting a family of 5 in the goat section of the State Fair where they were showing. All of a sudden all of us stopped talking and began glancing around for the source of a horrible smell. Even the goats stopped prancing around and reared up to look around. One of the women went to look and came back with a look of disgust.. "Someone, 2 aisles over there was smoking."

    Over the trash, dirt and goat poop we smelled his smoke.

    We had a work party once to paint this smoker's apartment. We scrubbed as best we could -- then painted. Weeks later the paint ran, smoke debris on the walls was so thick and slick paint would not stick.

    The old song said it best: "Smoke gets in your eyes." Smoke also gets in your eyes, on your hair, on your walls, on your clothes, on your bedding, and that's from two closed-doors over.

    I sure don't agree with no lawsuit.. were millions mentioned? .. I don't agree with ANY sized lawsuit UNLESS there are mitigating circumstances we aren't aware of here, like maybe there is a contract that smoking would not be indulged in there -- or something like that. .

    But this I have observed repeatedly.. smokers want to smear the environment for the rest of us. I look at the youth picking up this filthy habit on purpose and they are on a roll -- when they throw a cigarette down they will grin if they get to watch someone else have to pick it up. At service stations I have watched young people pull away from the trash cans at the pumps, go out to the perimeter of the property, stop the vehicle and empty their ash trays onto the pavement for someone else to pick up. It isn't just the young kids.. You go into a bar that allows smoking and the urinals are full of butts deliberately flung there since the bar opened that morning.
  • Profile picture of the author Kay King
    Kay King
    This is a stupid lawsuit - and it's not about what people "think" of smoking or non-smoking.

    A manager and attorney for Estancia Townhomes, a 52-building community near Prestonwood Country Club in North Dallas, said it's unlikely the Daniels sustained any smoke damage. 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.
    Fire wall makes it hard to believe smoke "wafts through" - and if it was such a problem, why stay?

    What's next - don't cook cabbage because it stinks? (I don't cook it - but it does stink). Don't cook with curry because it smells funny?

    Stay 6 months - renew - and sue for 6 figures. Not someone I'd want to live next to. When someone pays rent on a property - that doesn't give them control over others paying rent.

    I grew up in a time when smoking was done everywhere you went - and in all those years I only heard TWO people complain about being "allergic". Isn't it odd that when smoking becomes politically incorrect - so many people are suddenly "allergic"?

    I agree it doesn't smell good - and we know it's bad for health. However, many people seem determined to tell others how to live - and to me that's worse than smoking.

    kay
  • Profile picture of the author Michael Oksa
    Michael Oksa
    I'm not allergic, but it has a nasty way of staying on everything it touches.

    As I said, I don't think there should be a lawsuit.

    If I am a guest in a smoker's home, then I say nothing - it's their home, I'm the guest. But if a smoker comes to my house, they know they have to step outside. No big deal.

    But when BOTH people feel they are at home, then it gets tricky. Who has the right to do what. The smokers has the right to smoke in the privacy of their home. But the non-smoker has the right to keep their air clear.

    The best thing would be to discuss the issue like two adults. Perhaps the smoker could find a comfy place to smoke that was a little further away from the shared wall. And maybe the non-smoker could do something on their own side to reduce the odor from coming through.

    A lot of smokers ARE rude, and they deserve EVERY law that makes it harder for them to smoke.

    A lot of non-smokers ARE rude, and they deserve to be told to get off their high horse and mind their own business.

    For the polite smokers and non-smokers, simple, curteous, and understanding dialogue can go a long, long way.

    All the best,
    Michael "Used to smoke 2 packs a day" Oksa
  • Profile picture of the author HeySal
    HeySal
    Originally Posted by Michael Oksa View Post
    I think such lawsuits are foolish, but if we started shooting people for being idiots, there wouldn't be too many people left.

    Wait, on second thought...



    ~M~
    Yep...now you're catching on. Mike - read that article. That woman wasn't inconvenienced by smoke, she's trying to hitch a ride on the free train.

    Okay - if someone smokes in their own place and you don't like it - then move. Period. Don't like that? You know what I hate? I hate people dosing themselves out on pharms then their pharms leak into the public drinking water. I think I'll sue everyone who eats pharms that is hooked to my water supplies. Crazy? It's the same thing. So if that f---king bitch can sue for smoke, I can sue for people eating pharms.

    Where's it end?
  • Profile picture of the author gareth
    gareth
    Whats a pharm ?
  • Profile picture of the author seasoned
    seasoned
    Originally Posted by gareth View Post
    Whats a pharm ?
    It is used to mean drug, drugstore, or the drug/chemical industry. We call an old style drugstore a pharmacy. TODAY, pharmacy usually refers to a small store that may or may not include a pharmacy, and a pharmacy refers to where controlled or prescription, drugs are dispensed. CVS, for example, is a drugstore, and some of them DON'T have pharmacies. GO FIGURE!

    Steve
  • Profile picture of the author solardave
    solardave
    Originally Posted by Kay King View Post
    This is a stupid lawsuit - and it's not about what people "think" of smoking or non-smoking.



    Fire wall makes it hard to believe smoke "wafts through" - and if it was such a problem, why stay?

    What's next - don't cook cabbage because it stinks? (I don't cook it - but it does stink). Don't cook with curry because it smells funny?

    Stay 6 months - renew - and sue for 6 figures. Not someone I'd want to live next to. When someone pays rent on a property - that doesn't give them control over others paying rent.

    I grew up in a time when smoking was done everywhere you went - and in all those years I only heard TWO people complain about being "allergic". Isn't it odd that when smoking becomes politically incorrect - so many people are suddenly "allergic"?

    I agree it doesn't smell good - and we know it's bad for health. However, many people seem determined to tell others how to live - and to me that's worse than smoking.

    kay
    Ditto! You took the words right out of my mouth.
  • Profile picture of the author HeySal
    HeySal
    Gareth, in the context in which I used "pharms" - it means pharmaceutical drugs. People are eating them so much now that they are leaching into water supplies so you are in effect taking all the drugs that everyone around you eats when you have a glass of water. They aren't filtering that crap out yet, but in more highly populated areas the ppms just keep getting more concentrated. Wanna do someone elses heart pills or psychological drugs?

    I was serious - if someone can sue me for smoking in my own home, I want the right to sue for eating daily pharms. Keep that crap to themselves and out of MY water.
  • Profile picture of the author MikeAmbrosio
    MikeAmbrosio
    Originally Posted by Kay King View Post

    What's next - don't cook cabbage because it stinks? (I don't cook it - but it does stink). Don't cook with curry because it smells funny?
    There's the mans solution...

    Every day, cook something with a really horrid odor. Then the neighbors will stop complaining about the smell of smoke

    I quit smoking 10 years ago. When I did smoke, I used to go outside. Even when I lived alone. It didn't totally get rid of the smell (clothes, etc.) it DID cut it down, and it stopped throwing nicotine stains all over everything (ewww!)

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