Condo neighbor wins nonsmoker's lawsuit

AKRON (AP) -- A jury sided with a smoker Monday in a lawsuit filed by a nonsmoking condominium neighbor who asked for $50,000 in damages.
A Summit County Common Pleas jury of eight nonsmokers deliberated about one hour before ruling in favor of Nicole Kuder, 28, in the lawsuit filed by Robert Zangrando, 72, of suburban Stow.
Zangrando, a retired University of Akron professor who said he suffers from emphysema and allergies, claimed Kuder's smoking on their shared porch was a nuisance and aggravated his health problems.
Kuder, who moved out of her condominium during the summer, said it cost her $20,000 to defend herself against the lawsuit.
Zangrando's attorney, Ed Gilbert, said the jury may have felt Kuder's move elsewhere resolved the dispute. Gilbert said he had recommended to Zangrando that the verdict be appealed, but no decision had been made.
The condominium association's management company felt the secondhand smoker matter was between two neighbors and didn't want to get involved, according to trial testimony by Jenny Archer, representing the management of Huntington Park condominiums.