Smith v. Western Electric Co., Missouri Court of Appeals

A worker sought an injunction to prevent his employer from exposing him to tobacco smoke in the workplace.  The trial court dismissed his petition.  The Court of Appeals reversed the dismissal, saying that, if Mr. Smith proves his allegations at trial, then “by failing to exercise its control and assume its responsibility to eliminate the hazardous condition caused by tobacco smoke, defendant has breached and is breaching its duty to provide a reasonably safe workplace.”  However, Mr. Smith lost his case after it was sent back to the trial court.

643 S.W.2d 10, 37 ALR4th 473, (1982).