Neighbor’s Cigarette Smoke Smolders Into Lawsuit

A Dallas woman is suing her former neighbor and landlord for damages she said she suffered when cigarette smoke seeped into her townhouse, the Dallas Morning News reported.

Chris Daniel, a retired nurse, and her daughter Cary, moved Wednesday out of the Estancia Townhomes in North Dallas after a four-year stay.

Daniels' lawsuit seeks six-figures for stinging eyes, breathing issues and sinus pain she said she and her daughter faced. They also said all their furniture needs to be reupholstered and their clothing dry-cleaned.

"Smoking is not a right, it's a privilege," Daniel told the paper. "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."

Estancia's Property Director Nicole Lott told the Dallas Morning News that managers replaced Daniel's air filters, installed sealant-type electrical plates and tried to negotiate a move for both tenants within the community.

Daniel's neighbor finally moved after a judge issued a temporary restraining order forbidding her from smoking inside her house.

Daniel has also filed a complaint under the Texas Fair Housing Act, claiming that her cigarette smoke sensitivity qualifies her for protection set aside for people with disabilities, the paper reported.