A Stitch in Haste

The second-hand smoke hysteria hits the next plateau:

Robert Zangrando claims he has been assaulted by cigarette smoke.

The smoke that wafted into his condominium from the cigarettes held outside by his neighbor, Nicole Kuder, was willfully blown in his direction and invaded his home, he says, which led to his additional allegations of battery and trespass.

In a case that is attracting some national attention, Zangrando, 71, is seeking more than $50,000 in damages from Kuder, 28, who is moving. Zangrando, who said he has emphysema, said his health was damaged during the two years she lived there.
...
Secondhand smoke often leads to conflicts, and more than 420 lawsuits involving secondhand smoke have been filed in the last 25 years, according to research by Edward Sweda Jr., senior attorney for the Tobacco Control Resource Center at the Northeastern University School of Law in Boston.

Now clearly, if I'm arguing with you in close proximity and intentionally blow smoke in your face, then yes, that's a battery. And if I intentionally dunk my cigarette in your drink, then yes, that's trespass (well, actually it's conversion).

But this is just plain silly.

Hat tip to Overlawyered.com.

P.S. I don't smoke, and I love smoke-free environments. But I love property rights and common sense far more.