Smith v. Western Electric Co.
Missouri Court of Appeals
643 S.W.2d 10 (Mo. App. 1982)
Relevant factsFree
Smith (plaintiff) suffered severe respiratory symptoms whenever exposed to secondhand smoke in his open office at Western Electric (defendant), and despite the employer's attempts to help, nothing worked except transferring him to a lower-paying smoke-free position; he sued for an injunction requiring Western to eliminate his smoke exposure, and the trial court dismissed for failure to state a claim.
IssueFree
Whether injunctive relief is appropriate where the harm sought to be enjoined compounds over time such that money damages for the full extent of the harm are not yet available.