Facts

Kai and Kim Chauncey lived with their children, Asher and Talan Chauncey, next to Lauren and Richard Pulido, who smoked tobacco on their patio next to the Chauncey's condominium. The Chaunceys complained to the homeowners' association, Bella Palermo Homeowner Association, as well as TSG Independent Management, Tina Gustave, the Pulidos, their co-tenants, and the Pulido's landlord. The Chaunceys ultimately moved, and sued Bella Palermo, TSG, and Gustave for negligence and breach of contract. In addition, they brought claims against the Pulidos and their landlord for negligence and intentional infliction of emotional distress.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that the Pulidos and their guests repeatedly smoked although plaintiffs complained, and that the homeowners' association was required to stop the second hand smoke but did not.

DEFENDANT'S CONTENTIONS:
Bella Palermo argued that it stopped smoking in certain areas but the Chaunceys failed to complain about the Pulidos smoking on their patio. Also, the Pulidos asserted they had a right to smoke on their private patio, and denied that the smoke went inside plaintiffs' unit. They also claimed they smoked 20 to 90 feet away from where the Chaunceys were located.

Injuries

Plaintiffs claimed emotional distress, and aggravation of their son's preexisting asthma.

Result

The jury awarded plaintiffs $15,500.