SUN CAPITAL BUREAU
Intro: Constant exposure to secondhand smoke entitles casino dealers to regular check-ups paid for by the tobacco industry, an attorney for dealers told the Nevada Supreme Court on Thursday.
Daniel Polsenberg, attorney for the dealers, argued the tobacco companies should foot the bill because they are "deceptively hiding the risk."
But Dennis Kennedy, attorney for the tobacco companies, said such a policy would affect every company and casino in Nevada where smoking is permitted. Asked by Chief Justice Bob Rose what the cost might be in this case, Kennedy said it was "unpredictable."
Kennedy suggested the check-up proposal goes beyond Nevada law, which permits a person to collect if he has been damaged or injured. In this case, the individual would only have to be subject to "increased risk," Kennedy said.
This issue was referred to the Nevada Supreme Court by U.S. District Judge Philip Pro, who is handling four cases involving secondhand smoke -- three of them filed by casino dealers led by Tony Badillo, president of the Nevada Federation of Gaming Employees.
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