Irit Shemesh v. Focaccetta Ltd.

In 2005, Irit Shemesh (plaintiff) was pregnant when she and her children dined at Focaccetta Ltd. (defendant). Another diner at the restaurant began smoking while Shemesh and her family were eating. Shemesh complained to the restaurant about the other customer smoking; however, the smoking continued. At this time, Israel’s Restriction of Smoking Law limited smoking in public places, such as restaurants, and required restaurant owners to place signage and take other steps to limit the exposure of nonsmokers to the dangers of secondhand smoke. The smoking restriction did not include a means for individuals to receive compensation from a business owner who failed to comply with the law. Israeli authorities made few efforts to enforce the restriction. Shemesh filed a lawsuit in small-claims court against Focaccetta. The small-claims court found that the restaurant had violated the law and awarded Shemesh the cost of the meal with interest, approximately NIS 112. Shemesh applied for leave to appeal, arguing that the compensation was too little given that the exposure to smoke had caused irreparable harm to her health. The district court denied the appeal, reasoning that although there were grounds to award a higher amount of compensation, the amount awarded was not unreasonable. Shemesh then appealed to the Israel Supreme Court.