SMITH V. WESTERN ELECTRIC CO.
643 S.W.2d 10 (1982)
NATURE OF THE CASE: Smith (P) appealed an order of the Circuit Court of St. Louis County, which granted Western Electric's (D) motion to dismiss P's petition on the ground that it failed to state a claim upon which relief could be granted. P sought an injunction to prevent the employer from exposing him to tobacco smoke in the workplace and from affecting employment conditions because of his medical reaction to tobacco smoke.
FACTS: Smith (P) filed a petition in August of 1980 to prevent his employer Western Electric (D) from exposing P to tobacco smoke in the workplace because of P's medical reaction to tobacco smoke. P worked for D from 1950 and by 1975 P began to experience serious respiratory problems from inhaling second hand tobacco smoke in the work place. By 1980, D had adopted a policy to protect nonsmokers from smokers by the recommendation of the National Institute for Occupational Safety and Health. According to P's petition, he was handicapped by his susceptibility to tobacco smoke. P alleged that D breached its common law duty to provide P with a safe workplace and sought an injunction against exposure. The trial court dismissed and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
https://bsmsphd.com
No comments:
Post a Comment