Couple Files Suit Over Smoking: Neighbor's Cigarettes Affect Health, They Say

Jesus and Pat Martinez have lived in the North Valley home they built since 1962, and they recently celebrated their 50th wedding anniversary there.
But they say their enjoyment of it has been considerably diminished over the past two-plus years because of a neighbor whose heavy smoking at all hours has ended up coming through the vents of their home and causing adverse health effects.
The Martinezes tried putting an oscillating fan outside and installing air purifiers inside before Jesus Martinez finally went over to speak with the neighbors, he said in a phone interview. But the problem eventually led them to hire legal counsel and file a one-page civil complaint in Metropolitan Court against Linda Garcia for nuisance damages.
Jesus Martinez said when he approached Paul Marquez, the resident of the apartment the smoke was coming from, Marquez said, "It's my wife."
The Martinezes said they proposed the neighbors smoke in front of the house, instead of in the backyard, which adjoins the Martinez property.
"In my opinion it creates an inversion," Jesus Martinez said. "Back before we sought counsel, it was really, really bad."
Pat Martinez said even smoking in front of the house is bad, but better than in back.
In an answer to the complaint filed in Metro Court, Garcia wrote that the couple worked during the day and smoked four cigarettes at night.
Garcia claims stress and harassment from the Martinezes and lost rest because of the backyard fan.
"Our goal is to get this resolved through mediation," attorney Charles Lakins, who represents the Martinezes, said Wednesday. He said the dispute is analogous to a barking dog case, which Metro Court routinely sends to mediation.
"Everybody recognizes that a barking dog can keep you awake and become a nuisance," he said.
"To keep a case like this simple requires going to Metro Court and asking a neutral third party to decide the dispute that's been ongoing over a year."