Donnelly v. Cohasset Housing Authority

A woman sued the local housing authority because of exposure to secondhand cigarette smoke, which she claimed was drifting in from the apartment below hers. A lower court ruled against the tenant’s claims that the drifting secondhand smoke (1) violated the covenant of quiet enjoyment; (2) violated her lease; and (3) constituted negligence. The court of appeals disagreed, finding that the tenant had provided sufficient evidence to proceed to a trial on her three claims. However, the appeals court agreed with the lower court’s finding that there was no discrimination based on a disability in the case.

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Donnelly v. Cohasset Housing Authority, 62 Mass.App.Ct. 1104 (2004).

  • United States
  • Oct 1, 2004
  • Appeals Court of Massachusetts

Parties

Plaintiff Joann Donnelly

Defendant Cohasset Housing Authority

Legislation Cited

Massachusetts General Laws Chapter 186 section 14

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None