Judge Rules In Backyard Smoking Trial

Plaintiffs Claimed Backyard Smoke Was Health Hazard...

An Albuquerque couple that claim their neighbor's cigarette smoke is creating a health hazard had their day in court Monday.

Plaintiffs Jesus and Pat Martinez said their neighbor Linda Garcia's smoking in her own backyard hurt their quality of life, and filed a suit against Garcia.

But Monday, Judge Rosie Allred read her verdict in favor of Garcia.

"After hearing the facts, she said what Ms. Garcia was doing on her own property was not unreasonable," said defense attorney Stephen Lane.

In court, the plaintiffs argued that Garcia's smoke would waft through the air and settle in their home.

"I have suffered from illnesses I have never suffered from in my life," said Pat Martinez.
They had two experts testify, but the experts couldn't detect smoke in their house.

Plaintiff Jesus Martinez smoked when the couple were first married and quit 10 years later.
"It's fair to say that she didn't have problems when you were smoking?" asked Lane.
"That's correct," said Jesus Martinez.

"She never tried to sue you while you were smoking?" pressed Lane.

Lane said this is a rare case, with only one other like it in the country.

The attorney for the plaintiffs would not go on camera, but said he is disappointed with the verdict, and that the smoke is a real problem his clients have to deal with every day.