|Jump to full article: AAP (Australian Associated Press) (au), 2001-11-19|
A Melbourne receptionist who alleges passive smoking at a nightclub in the Crown entertainment complex compounded her asthma is suing the club for damages.
Eleasha Penter, of suburban Yarraville, is suing Heat discotheque and cocktail bar for negligence and breach of contract, alleging that a December 1999 visit there left her in hospital for four days and in worse health ever since.
Her lawyer, anti-smoking advocate Eugene Arocca of Maurice Blackburn Cashman, told AAP that clubs and pubs were "the last bastion of anti-smoking litigation", with the Victorian government having failed to ban smoking there.
He said court proceedings against Heat were lodged in the County Court in Melbourne on Friday afternoon.
Ms Penter was claiming damages for her pain and suffering, loss of income for the week she was in hospital, plus medical expenses. . .
She had paid to enter the club and her statement of claim alleged that that carried a number of implied terms.
"One is that there would be a safe place for anyone who had paid to go in.
"We say they breached that by allowing people to smoke without concern for the health of those who may suffer from that."
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