SHIMP v. NEW JERSEY BELL TELEPHONE CO.


145 N.J. Super. 516 (1976)

368 A.2d 408

DONNA M. SHIMP, PLAINTIFF, v. NEW JERSEY BELL TELEPHONE COMPANY, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided December 20, 1976.


Attorney(s) appearing for the Case

Mr. Stuart B. Finifter for plaintiff (Messrs. Land & Finifter, attorneys; Alfred W. Blumrosen of counsel and on the brief).

Mr. Charles A. Sweeney for defendant.


GRUCCIO, J.S.C.

This case involves a matter of first impression in this State: whether a non-smoking employee is denied a safe working environment and entitled to injunctive relief when forced by proximity to smoking employees to involuntarily inhale "second hand" cigarette smoke.

Plaintiff seeks to have cigarette smoking enjoined in the area where she works. She alleges that her employer, defendant N.J. Bell Telephone Co., is causing her to work in an unsafe...

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