Pechan v. Dynapro, Inc.

An employee sued for a preliminary injunction against her employer’s repeated violations of the Illinois Clean Indoor Air Act after having informed her employer how smoke at her job was adversely affecting her health.  A judge declined to issue the proposed injunction.  The plaintiff also has claims of negligence and statutory discrimination pending against the company.  The trial court granted summary judgment as to the statutory discrimination claim.  The Appellate Court, at 622 N.E. 2d 108, 251 Ill. App.3d 1072, 1993 WL 418073, 8 IER Cases 1793, 8.4 TPLR 2.339, (Ill.App.2 Dist. 1993), reinstated that claim, holding that ” . . .  there is an implied private right to damages for individuals who have suffered discrimination under section 9 of the Act.”  The Appellate Court affirmed the dismissal of claims for battery and negligence, ruling that ” . . .  Pechan’s injuries from secondhand smoke emitted in Dynapro’s facility were injuries arising out of and in the course of her employment,” and thus compensable under the Workers’ Compensation Act.  See McNamee, T., “Bosses Light Her Ire, She Sues Firm,” Chicago Sun-Times, February 5, 1992, 17; Sjostrom, J., “DuPage Firm Sued over Smoke at Work,” Chicago Tribune, February 27, 1992; Sjostrom, J., “‘I’m Tired of Smelling Cigarettes'” Chicago Tribune, February 28, 1992; Sjostrom, J., “Air Tests Dispute Charges in Office-smoking Suit,” Chicago Tribune, February 29, 1992, sec. 1, p. 5; Sjostrom, J., “Smoking Case Skipping Questions of Law,” Chicago Tribune, March 3, 1992; and Rodriguez, A., “Dynapro Claims Victory in 1st Ruling of Smoking Suit,” Daily Herald (Bloomingdale, IL) March 3, 1992.

92 CH 109, No. AC 5173, Circuit Court for the 18th Judicial Circuit of DuPage County, IL, 1992).