Donath v. Dadah, et al.

On April 23, 1991, a woman sued her landlord for nuisance, breach of warranty of habitability, breach of the covenant of quiet enjoyment, negligence, battery and intentional infliction of emotional distress due to exposure to secondhand tobacco smoke in her home coming from the second floor (where the defendants live) of the building in which she lives.  Plaintiff alleges that she has suffered asthma attacks, labored breathing, wheezing, prolonged coughing bouts, clogged sinuses and frequent vomiting due to the exposure to secondhand smoke in her home.  Plaintiff  moved out of the apartment shortly after filing the lawsuit.  The case was settled for an undisclosed sum of money in December 1992.

No. 91-CV179 (Worcester Cty., MA, Housing Court Dept. 1991).