Shimp v. New Jersey Bell Telephone Co.

An office worker was granted an injunction to ensure a smoke-free area in her workplace.  The court said that the “evidence is clear and overwhelming.  Cigarette smoke contaminates and pollutes the air, creating a health hazard not merely to the smoker but to all those around her who must rely upon the same air supply.  The right of an individual to risk his or her own health does not include the right to jeopardize the health of those who must remain around him or her in order to perform properly the duties of their jobs.”

368 A. 2d 408, 145 N.J. Super. 516 (1976).

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