Jump to full article: Dallas Morning News, 2009-09-30
Author: SCOTT FARWELL / The Dallas Morning News
Intro: 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.
"Smoking is not a right, it's a privilege," said Chris Daniel, a retired nurse. "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."
The case is being watched by townhouse industry groups across the area.
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. . . .
Chris Daniel and her daughter, Cary, say in the lawsuit that a construction defect is allowing smoke to migrate between the units.
After a year of stinging eyes, breathing difficulty and sinus pain, they moved out of Estancia and into the Homewood Suites in Addison. Last week, movers wearing surgical masks loaded trucks with their belongings.
The Daniels said furniture will need to be reupholstered, artwork restored and closets full of clothing dry cleaned. The bills are still piling up.
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