According to the story:
Poses family say they have all been loosing sleep and suffering from headaches, chest pains and respiratory issues as a result of the second-hand smoke. The suit is seeking $500,000 in damages for each member of the Poses family.
However, the defendent is rightly contending the suit:
Dale contends that majority of his smoke breaks are taken outside and says he uses three air cleaners. Dale also claims that he went as far as hiring a specialist to attempt to seal off his apartment from his neighbors to help keep the smoke at bay.
If you ask me, it seems like Dale has been more than reasonable and accommodating. The fact that the neighbours have been having disputes for over a year suggests the smoke can't be causing that much of a problem, else they would have taken action before or tried to move. To suggest that minor secondhand smoke (supposedly surviving air filtration systems, walls and a sealed apartment) is causing chest pains and lack of sleep is absurd. It seems this family is more just looking for an easy income, and the war on smokers has made them an easy target. After all, everyone knows secondhand smoke kills, and smokers are selfish and obnoxious, and that smoking bans on private property are on the cards, so what better time to take action?