Neighbor's Cigarette Smoke Smolders Into Lawsuit

Woman says next-door neighbor's smoke fumes ruined health, property

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    Woman says next-door neighbor's smoke fumes ruined her health and property.

    A Dallas woman is suing her former neighbor and landlord for damages she said she suffered when cigarette smoke seeped into her townhouse, the Dallas Morning News reported.

    Chris Daniel, a retired nurse, and her daughter Cary, moved Wednesday out of the Estancia Townhomes in North Dallas after a four-year stay. 

    Daniels' lawsuit seeks six-figures for stinging eyes, breathing issues and sinus pain she said she and her daughter faced. They also said all their furniture needs to be reupholstered and their clothing dry-cleaned.  

    "Smoking is not a right, it's a privilege," Daniel told the paper. "I'm sorry that people smoke. I think it's foolish, but when it comes into my house and hurts my health and my daughter's health and our belongings, it's a different issue."

    Estancia's Property Director Nicole Lott told the Dallas Morning News that managers replaced Daniel's air filters, installed sealant-type electrical plates and tried to negotiate a move for both tenants within the community.

    Daniel's neighbor finally moved after a judge issued a temporary restraining order forbidding her from smoking inside her house.

    Daniel has also filed a complaint under the Texas Fair Housing Act, claiming that her cigarette smoke sensitivity qualifies her for protection set aside for people with disabilities, the paper reported.

    The complaint is being reviewed by Dallas' Fair Housing Office.
     

    Get More: Dallas Morning News