Smith (P) filed a petition in August of 1980 to prevent his employer Western Electric (D) from exposing P to tobacco smoke in the workplace because of P's medical reaction to tobacco smoke. P worked for D from 1950 and by 1975 P began to experience serious respiratory problems from inhaling second-hand tobacco smoke in the workplace. By 1980, D had adopted a policy to protect nonsmokers from smokers by the recommendation of the National Institute for Occupational Safety and Health. According to P's petition, he was handicapped by his susceptibility to tobacco smoke. P alleged that D breached its common law duty to provide P with a safe workplace and sought an injunction against exposure. The trial court dismissed, and P appealed.

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