woman sues neighbor and landlord for neighbor's smoking (attorney, how much, cost)

[sailordave]

I think these women need to see a shrink. If you're that allergic to cigarette smoke then you should have looked for and moved into a non-smoking complex. Seems the apartment management went out of their way to try to satisfy these women to no avail. I've had the displeasure of meeting people like this. I hope to never see such people ever again.
Dallas woman fuming over smoking neighbor at complex | News for Dallas, Texas | Dallas Morning News | Latest News (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/093009dnmetsmokingfeud.3ed620b.html - broken link)
A Dallas woman has filed a lawsuit seeking six figures from a former neighbor and landlord for damage she says was caused by cigarette smoke wafting through adjoining walls of her high-end townhome.
A manager and attorney for Estancia Townhomes, a 52-building community near Prestonwood Country Club in North Dallas, said it's unlikely the Daniels sustained any smoke damage. There is a solid, two-hour fire wall from the foundation to the roof between each of the homes.
And even if some smell did seep through, the Daniels renewed their lease at Estancia – where smoking is permitted – six months after they say the problem began.
The Daniels said furniture will need to be reupholstered, artwork restored and closets full of clothing dry cleaned. The bills are still piling up.
"There's nothing in our home that was ready made. I picked out fabrics, everything was custom made and everything was spotless," said Chris Daniel.
Kathy Carlton, director of government affairs for the Apartment Association of Greater Dallas, said she's never heard of a case such as the one filed by the Daniels.
She said most people who are highly sensitive to cigarette smoke don't move into a community or a building where it's allowed.
"Generally, this stuff is the property owners' prerogative, and people either live by the rules or move on down the street," Carlton said.
Nicole Lott, property director at Estancia, said it's been a long year of acrimony.
Managers replaced air filters repeatedly, installed sealant-type electrical plates and – at the Daniels' request – used an industrial-grade roofing sealant to caulk pipes under their kitchen cabinet.
When that didn't work, managers tried to negotiate a move for both tenants within the community.
Williams, the smoker, finally moved to another unit in June after a judge issued a temporary restraining order forbidding her from lighting up in her home.
"We've done more for these people than we've ever done for anyone else," Lott said. "I don't think it's possible to satisfy them."

[ZGACK]

Too much was done to placate the complainers. Let them move.

[Ciaerin]

How can a judge order you not to smoke in your own home? Does this seem a little off?

[skilaketahoe]

In some jurisdictions, the lawyers for frooot loops are ordered to pay the costs of unmeritorious claims. That usually bankrupts ambulance chasers, and then they lose their licence. See, there is justice after all.

[justNancy]

I can't begin to describe how much I hate smoke, but I lived next door to a chain smoker for 6 years and I never smelled it. I am highly sensitive to smoke, but how can it seep through a wall unless the place was built out of paper? (we shared a duplex)

I'm not allowed to smoke in this condo because it is privately owned, but if I ever moved into a townhouse and management told me I couldn't smoke in my own apartment, I probably wouldn't move there out of principle. LOL

[Robhu]

Sue happy people looking for a way to get rich quick at the cost of someone elses rights even though those rights were clearly stated.
The kind of people you don't want for a neighbor or even a friend. You certainly don't want to be invovled in a traffic accident with these kind of people no matter how minor. They are leeches that want to suck everyone dry for any little perceived or made up inconvienance.
They should be shipped to a deserted island somewhere where no one can bother their own selfish perfect world.
I wonder how many other lawsuits they have filed over the years for things that happen in everyday life that normal people just ignore as being part of living.

[sailordave]

Was called to a patient's room to check the AC. The AC was working fine. The patient's family (one lady in particular) saw dust and said the AC unit needed to be cleaned. Never mind the fact that the patient room windows are very drafty and were installed some time back in 1963, no, it was the AC. I opened the AC unit (also installed in 1963) and she began screaming about the mold. What she thought was mold was actually fiberglass insulation. She then went on about the black mold. That was the cold pipe insulation. She said the screen filter wasn't good enough. The air sent to the rooms are filtered twice through high performance filters before arriving in the rooms. The screen filter is to prevent bed lint from clogging up the cooling coils inside the room. After dealing with them, I went to the desk and gave my condolenses to the nurses who had to deal with her through the entire shift.

[JDTD2.0]

She's another person wanting money for doing nothing.

[bentlebee]

Lost case for the woman...if you renew while you complain...isn't that saying enough...on top of that smoking was allowed in the complex. I hate smoking, but some people look to loose a case.

[Fred314X]

Apparently, anything and everything is an excuse for a lawsuit. As the Reader's Digest always said, "Life in these United States!"