From our private database of 14,100+ case briefs...
Smith v. Western Electric Co.
Missouri Court of Appeals
643 S.W.2d 10 (Mo. App. 1982)
Smith (plaintiff) experienced severe respiratory discomfort and other severe symptoms every time he was subjected to second hand cigarette smoke. Smith’s doctors told him to avoid tobacco smoke whenever possible. However, Smith’s office space at Western Electric Co. (Western) (defendant) was a wide open area and many of his coworkers were avid smokers. Smith repeatedly brought this to the attention of his employer, but Western failed to adequately remedy the situation. Under Missouri law, an employer owes employees a duty to use all reasonable care to provide a reasonably safe workplace. Although Western made efforts to help Smith cope with the smoke, nothing worked. The only option that kept Smith completely away from smoke was to accept a different position in Western’s computer room where smoking was prohibited. This position came with a significant pay decrease. Smith brought suit, seeking an injunction to prevent Western from exposing him to tobacco smoke in the office. The trial court dismissed Smith’s suit, finding that he failed to state a claim upon which relief could be granted. Smith appealed.
Rule of Law
Holding and Reasoning (Dowd, P.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 220,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.