A woman who worked at a bank in Italy died of an asthma attack from exposure
to tobacco smoke.  She repeatedly asked to be transferred away from the
smoke, but her request was denied (see article below).  Joe

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SECONDHAND SMOKE KILLS WOMAN WITH ASTHMA

Two managers of the Paribas Bank in Milan, Italy have been convicted of
criminal manslaughter in the death of a female bank employee who suffered a
fatal asthma attack from workplace exposure to secondhand smoke. They were
sentenced to jail and fined 50,000 Euros, reported the Italian news agency,
La Stampa. This criminal court decision opens the door for a civil wrongful
death lawsuit by the employee’s family to recover damages for causing her
death by smoke.

Monica C. was 35 years old, married, and had a 10 year old child. She
suffered from "poliallergic asthma", which was known to her employer. Her
first job at the bank was in an office where everything was fine. Then, she
was transferred to another area where the problems started. Her husband told
journalists "She would tell me that the office was full of cigarette smoke."
"She was getting worse every day that passed. Various times, in the months
before she died, I had to take her to the emergency room and often, during
the night, she had to wake up and inhale her asthma spray." In September of
1999, she suffered a violent asthma attack, was taken to hospital but
medications failed to save her.

Monica C. had asked to be relocated out of the situation in which she was
working. Along with her requests, she would attach medical certificates that
proved her gradual health deterioration. Her requests were ignored, even
though the dangers of secondhand smoke have been known for at least a
decade.

"This is apparently the first situation in which people were held to be
criminally liable for causing the death of someone by subjecting them to
secondhand tobacco smoke," says Law Professor John Banzhaf, Executive
Director of Action on Smoking and Health (USA). "However, there are a
growing number of situations in which employers have been held liable for
causing or exacerbating medical problems in non-smokers by forcing them to
be subjected to tobacco smoke pollution, so this is simply the next logical
extension of the trend", said Prof. Banzhaf.

This important decision – criminal conviction for injury and death from
workplace exposure to secondhand smoke – will likely be used elsewhere as
legal precedent. While the convictions were against employers,
when others fail in their duty to protect, they open themselves up to civil
and criminal prosecution.

NO  LEGAL  RIGHT  TO  POISON

In a decision of the Supreme Court in Utica, NY, a mother has been prevented
from smoking in the airspace of her 13 year old son, Nicholas D. This is not
the first time a court has upheld the right to breathe smoke-free. But the
decision is extraordinary because Nicholas has no medical condition
exacerbated by smoke. In other words, this case establishes the right to not
have your current health endangered, or your future health mortgaged, by
smoke.

Supreme Court Justice Robert Julian cited scientific evidence on the harmful
effects of secondhand smoke and found that exposure is "demonstrably
dangerous" and not in the best interests of the child. When authorities and
governments fail to protect people, especially the young, court action is
necessary.

Article provided by Airspace, Canada


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If you would like to send an ez-letter in support of
smokefree air where you live, go to www.smokefree.org.
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