Saturday, July 31, 2004

Assault-by-smoke trial fires up today
Here's a report on some creative condo litigation from the Cleveland Plain Dealer...

Robert Zangrando claims he has been assaulted by cigarette smoke. The smoke that wafted into his condominium from the cigarettes held outside by his neighbor, Nicole Kuder, was willfully blown in his direction and invaded his home, he says, which led to his additional allegations of battery and trespass. The right to breathe smoke-free air is the focus of a trial scheduled to begin today in Summit County Common Pleas Court. It is likely to include a visit by the jury to the adjoining Stow condominiums, testimony from expert witnesses and testimony on how the errant smoke led to Zangrando's health problems and decreased the value of his property. In a case that is attracting some national attention, Zangrando, 71, is seeking more than $50,000 in damages from Kuder, 28, who is moving. Zangrando, who said he has emphysema, said his health was damaged during the two years she lived there.

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Expert witnesses, yet. I didn't know there were experts on second-hand smoke "willfully blown" from OUTDOORS into condominium units. Wow. Must be like some comic book character--Megalungs, or The Big Wind, or Superblow, or Captain Hurricane, or something. And it's not enough that defendant Kuder is moving out. No. It is still full speed ahead for the Zangrando Litigation Express.


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