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New Mexico Woman Wins Backyard Smoking Trial

Andrew Nagy
Posted: May 21, 2010

A judge in Albuquerque recently ruled that Linda Garcia, whose neighbors had filed a suit claiming her outdoor smoking habit was ruining their quality of life, can continue to puff in peace on her property.

According to, Jesus and Pat Martinez testified in court on Monday that whenever Garcia lit up a cigarette in her backyard, smoke would drift through the air and into their home.

"I have suffered from illnesses I have never suffered from in my life," testified Pat Martinez, according to the same news report.

The plaintiffs even had two experts testify, although neither one could find any evidence of smoke in the Martinez's home.

After hearing all the facts, the judge ruled that Garcia's smoking habit was not unreasonable.

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