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Action on Smoking and Health
A National Legal-Action Antismoking Organization Entirely Supported by Tax-Deductible Contributions
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Second-hand Smoke Dispute Between Condo Owner and Neighbor Heads to Court [09/20-3]
Excerpts from: Secondhand-smoke suit fumes in court
By Karen Farkas Cleveland.com [09/20/04]
Former neighbors will air their battle over secondhand smoke in court today -
and a jury will decide if Robert Zangrando or Nicole Kuder is entitled to
damages.
Zangrando, 72, is seeking damages exceeding $50,000, claiming Kuder, 29, created a nuisance by smoking near his Stow condominium. He said smoke willfully blown in his direction invaded his home, thus leading to his claims of assault, battery and trespass. He said he suffered severe emotional distress and a decline in his property values.
Kuder denies his claims. She states in her trial brief that she tried to address his complaints by smoking on the back patio or under a nearby tree. She said Zangrando went onto her property and harassed and intimidated her. She is seeking unspecified damages for trespass and intentional infliction of emotional distress.
Kuder and her husband, Kevin, rented the condominium on Higby Drive in June, 2002. At her landlord's request, she smoked on her front porch or back patio, according to court documents. Zangrando lived next door with his wife, Lisa Pace. He said he smoked pipes and cigars until quitting in 1975. He said he has emphysema. He claims Kuder intended to harm him with her smoke.
Zangrando filed a lawsuit in January in Summit County Common Pleas Court. After a hearing before Judge Marvin Shapiro, Kuder agreed to smoke only in her back yard for the first 15 minutes of each hour. She continued with that arrangement until moving to a new home in July.
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