February 17, 2010 - Second-hand Smoke Lawsuit Rejected by Jury

A jury in Suffolk County, Mass., ruled against a woman who sued a real estate broker over a neighbor's smoking habits, an attorney for the broker said.

Jay S. Gregory, who represented the Gibson Sotheby's International Realty broker, said the 14-member jury sided with his client in the lawsuit filed by Boston resident Alyssa Burrage, The Boston Globe reported Wednesday.

Burrage, 32, alleged that before she purchased a $405,000 condominium from real estate broker Joseph DeAngelo, he claimed a noticeable smell of smoke in the location was from a prior tenant.

Burrage maintains the smell was actually from a downstairs neighbor who smoked cigarettes, adding the secondhand tobacco smoke eventually aggravated her asthma.

Gregory said his client insists Burrage and her parents never mentioned smoking during their visits to the condominium in 2006.

"There was a huge discrepancy between her version of events and his,'' Gregory told the Globe.

Burrage had sought more than $70,000 in damages in the suit, which also named the condominium association and two of Burrage's neighbors.

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