http://www.tobacco.org/newsfeed/lawsuit/bowles.rss Latest top tobacco news headlines en-us http://www.smokefreeair.org/lib/libdet.cfm?id=319 http://tobacco.org/news/52236.html The plaintiff, Andrea Bowles, an asthmatic, attended the Tien Tien restaurant in August 1998. Another member of her party had earlier made a telephone reservation, stipulating that their table was to be in the non-smoking section of the restaurant. Ms Bowles and her party were seated at a table on the border between the smoking and non-smoking areas of the restaurant, as designated that evening. Between 10 and 12 people were smoking within about 2 metres of where Ms Bowles was sitting. . . The Magistrate held that the evidence “establishes a clear causal connection between the restaurant conditions and the illness of the plaintiff over the following six to eight weeks”. He found the restaurant liable on three separate grounds – breach of contract; breach of duty of care in negligence; and occupiers liability. He reduced the award of damages by 30% for contributory negligence by Ms Bowles. Smokescreen Action Network Australia Tue, 24 Oct 2000 04:00:00 GMT