California Suing Hits New Lows

An El Dorado Hills couple decided to sue their next door neighbor over their cigarette smoke that wafts over into their backyard.

Donna and Richard Ganguet say they didn’t want a conflict when they moved into the gated community for people 55 and over. It only took three years for them to decided to take legal action against their next door neighbors.

The Ganguet’s say that the cigar and cigarette smoke wafts over into the backyard, making it impossible for them to go outside and enjoy the couple’s patio. They try to say that they have to try an squeeze in swimming time between their neighbors breaks from smoking.

Doug Smith, the attorney for Florence Solone (the neighbor) said that the issue is a trivial issue and should be resolved by them talking, not through wasting money in litigation.

Since California has passed all the no smoking bans, the state is seeing more and more secondhand smoke cases being filed. A majority of the cases are involving apartments and condos.

The Ganguets say that people are constantly smoking in the backyard at all hours and its creates a “fog” that drifts over and settles in their backyard. Mr. Ganguets said that they looked into possibly selling the house, but afraid that the smoke would be a deal breaker for the next potential buyer.

Second Hand Lawsuits