A 28-year employee of the defendant brought suit seeking injunctive relief against smoking throughout the manufacturing areas of the plant. About 2000 out of 5000 employees smoke. Roll’s motion for a temporary restraining order barring smoking at the Whirlpool plant was denied on February 14, 1994 while his motion for a permanent injunction was denied on April 25, 1994. Roll is seeking a permanent injunction against such smoking. See Hayden, M. “Judge Asked to Make Plant Smoke Free,” Evansville Courier, February 22, 1994, A-4; Armstrong, D., “Worker Sues Whirlpool for Smoke-free Work Area,” Evansville Press, February 25, 1994; Swanson, P., “Anti-smoking Case Receives Little Support,” Evansville Press, February 28, 1994, 11; Hayden, M., “Judge Asked to Make Plant Smoke Free,” Evansville Courier, March 1, 1994; and Julian A., “Whirlpool Smoking Ban Recommended,” Evansville Courier, March 31, 1994, C5.
9.2 TPLR 3.108, Docket No. EV 94-37-C, (U.S.D.C. S.D. Ind., Evansville Div. 1994).