Contract Management Services, Inc., et al. v. Kuykendahl Joint, Inc. and Kamen Management, Inc.

Defendants, companies that lease and manage office space, were sued by a company (known as CMSI) and the manager of CMSI’s Harris County office, Kathleen Thomas, for breaching a lease in that it did not prevent smoking by other tenants.  The smoke produced by those tenants “was continually coming into CMSI’s space and making ill Kathleen Thomas and other employees of CMSI.”  The plaintiffs allege that they have expended about $3000 in an attempt to prevent the smoke from affecting their offices and have “suffered damages including for lost profits from lost contracts, lost profits from continuing contracts, lost profits from contracts Kathleen Thomas would have obtained from CMSI, for lost employee working time, and for expenses of moving the office in September 1994.”  The case was scheduled for trial on April 24, 1995.

Dist. Ct. Harris County (TX), 61st Jud. Dist., No. 93-006228 (1993).