Table 1

Secondhand smoke (SHS) cases, 1976 to 2003

Name of caseYearStateType of caseResult
Shimp v. New Jersey Bell Telephone Co 1976NJNegligenceNon-smoking (NS) office worker gets relief from exposure to SHS
Husain v. Olympic Airways 2000CANegligenceFamily of NS passenger who died from exposure to SHS receives money damages
Magaw v. Middletown Board of Education 1998NJWorkers’ compensationTeacher with cancer caused by exposure to SHS receives compensation
Ubhi v. State Comp Ins Fund 1990CAWorkers’ compensationWaiter with heart attack caused by exposure to SHS receives compensation
Staron v. McDonald’s Corp 1993CTDisability discriminationAsthmatic plaintiffs’ case proceeds, McDonald’s decides to go smoke-free
Homeyer v. Stanley Tulchin Associates 1995ILDisability discriminationNS worker’s case proceeds
Bond v. Sheahan 2001ILDisability discriminationNS corrections officer’s case proceeds
Zimmerman v. Dept. of Corrections 2002MIDisability discriminationNS corrections office’s case proceeds
50–58 Gainsborough St. v. Haile 1998MASmoke seepageNS tenant recovers rent due effect of SHS on her quiet enjoyment of the apartment
Daniel v. Daniel 1998GAChild custodySmoking mother loses custody of asthmatic child to NS father
Skidmore-Shafer v. Shafer 1999ALChild custodyMother who smoked around child with health problems loses custody to NS father
In Re. Julie Anne, A Minor Child 2002OHChild custodyJudge issues restraining order against both parents smoking around the child
In re. Guardianship of A Minor Child 2003MAChild custodyA child’s paternal grandparents lose custody because they smoke in his presence
Helling v. McKinney 1993NVPrisonerUS Supreme Court rules that SHS exposure in prison can be cruel and unusual punishment, proscribed by the 8th Amendment of the US Constitution
Alvarado v. Litscher 2001WIPrisonerAsthmatic inmate claims that prison officials violated his 8th Amendment protection against cruel and unusual punishment; his lawsuit proceeds
Atkinson v. Taylor 2003DEPrisonerNS prisoner’s SHS and retaliation claims can proceed
Leichtman v. WLW Jacor Communications, Inc 1994OHAssault and batteryNS guest on radio show claims host deliberately blew smoke at him; lawsuit proceeds
Broin et al. v. Philip Morris Companies, Inc 1991FLTobacco company defendantsNS flight attendants’ class action lawsuit settled in 1997; claims of individuals can proceed