Shimp v. New Jersey Bell Telephone Company
A Major Public Health Concern, A Common Law Right, Clear And Overwhelming Evidence, Balancing Rights And Legislative Response
Plaintiff
Donna M. Shimp
Defendant
New Jersey Bell Telephone Company
Plaintiff's Claim
An injunction should be issued requiring her employer, New Jersey Bell Telephone Company, to enact a ban on smoking in the workplace.
Chief Lawyer for Plaintiff
Charles A. Sweeney
Chief Defense Lawyer
Stuart B. Finifter
Judge
Philip A. Gruccio (writing for the court)
Place
Superior Court of New Jersey, Chancery Division
Date of Decision
20 December 1976
Decision
An injunction can be issued requiring New Jersey Bell Telephone Company to ban workplace smoking.
Significance
The ruling found that a worker's common law right to a safe working environment is threatened by the presence of second-hand or environmental tobacco smoke (ETS), and that an employee with a medical sensitivity to ETS has the common law right to require an employer to ban smoking in the workplace.
Related Cases
- Canonico v. Celanese Corp. of America, 11 N.J. Super. 445 App. Div. (1951).
- Smith v. Blue Cross & Blue Shield of New Jersey, No. 6-3617-81E N.J. Super. Ct. Ch. Div. (1983).
- McCarthy v. Department of Social & Health Services, 759 P.2d 351 Wash. (1988).
Sources
Environmental Tobacco Smoke (ETS) and Smoking In Public Places, http:/www.thetma.org.uk/ETS.htm
Additional topics
- Sieling v. Eyman - Significance, Impact
- Scott v. Illinois - Significance, An Open-and-shut Case?, Legal Precedents, Interpreting Argersinger, Impact
- Shimp v. New Jersey Bell Telephone Company - A Major Public Health Concern
- Shimp v. New Jersey Bell Telephone Company - Further Readings
- Shimp v. New Jersey Bell Telephone Company - A Common Law Right
- Shimp v. New Jersey Bell Telephone Company - Clear And Overwhelming Evidence
- Shimp v. New Jersey Bell Telephone Company - Balancing Rights And Legislative Response
- Shimp v. New Jersey Bell Telephone Company - The Path Ahead
- Shimp v. New Jersey Bell Telephone Company - Impact
- Shimp v. New Jersey Bell Telephone Company - Smoking Banned In Public Places
- Other Free Encyclopedias
Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1973 to 1980