A condominium owner sued the Association and individuals, alleging that despite a neighbor Ersland’s condo unit having been designated as non-smoking in his lease, “Ersland frequently smoked cigarettes inside and outside of his condo unit.”  Carvour noticed the smell of smoke in her unit; after many complaints to the Association about the smoke seepage into her unit, the dispute remains unresolved.  Carvour also alleged that she has suffered health problems and property damage due to the smoke seepage.  Carvour’s lawsuit includes counts based on nuisance, negligent use of adjoining property, negligence and respondeat superior/vicarious liability.  See Hemmingsen, J., “Condo Owner Sues to Stop Neighbor’s Smoking,” Cedar Rapids (IA) Gazette, April 9, 2008.

Iowa District Court, No. EQCV069259 (2008).