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Schuman's Expert Witnesses Testify in Secondhand Smoke Trial

The plaintiff wrapped up his case on Friday with the testimony of James Repace, a secondhand smoke consultant, and Dr. Alfred Munzer, a pulmonologist.

The plaintiff's expert witnesses spoke up on day three of David Schuman's case against his housing cooperative, Greenbelt Homes, Inc. (GHI), for its failure to prohibit the nuisance created by his townhome neighbors, the Popovics', secondhand smoke.

Courtroom and Plaintiff's Townhome Register Similar Carcinogen Levels

James L. Repace, a secondhand smoke consultant and biophysicist, testified that through two different experiments conducted at Schuman’s townhome — installing a nicotine monitor for 30 days in Schuman’s kitchen in 2009, and using a $12,000 carcinogen monitor to detect cancer causing air particles in July of 2011 — that he was able to scientifically conclude that secondhand smoke was penetrating into Schuman’s townhome at above average levels.

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“With a reasonable degree of scientific certainty,” said Repace, “[Schuman] is exposed to levels of secondhand smoke which constitute a significant level of risk from cigarette smoke from his townhouse neighbors.”

But, an incident from Repace’s testimony Thursday came back into play Friday during cross examination. Goecke pointed out that on Thursday, while demonstrating the carcinogen monitor, Repace had measured the concentration of carcinogens in the court room  — which is in a smoke-free building — and the amount he recorded there was similar to what Repace had reported recording in Schuman’s townhome in July of 2011.

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Also, after being prompted by Goecke, Repace confirmed that he had recorded a higher concentration of carcinogens in a smoke-free casino in Delaware, for a 2004 research paper, than he had in Schuman’s townhome.

Repace Calls Common Area Smoking a Reasonable Compromise

Near the end of Repace's testimony, Szymkowicz asked him if it would help if Popovic smoked in the common area, that he estimated to be about 42 feet from his townhome, an idea that Judge Albert Northrop had asked about on Thursday.

Repace said that would be a reasonable compromise and a good place for Popovic to smoke.

“If it was up to me,” said Popovic, “I would move to another continent to avoid this type of harassment. Unfortunately, I can’t move at the moment because of my wife’s health.”

Schuman's Symptoms

Dr. , a pulmonologist and former president of the American Lung Association, testified in the afternoon as the second expert witness for the plaintiff.

Munzer said that the symptoms Schuman had reported in his testimony on the previous day were “a constellation of symptoms that are frequently associated with secondhand smoke.”

Schuman had said he had difficulty breathing, rapid heart rate, watery eyes, congestion, headaches and trouble sleeping.

“I believe the symptoms he described are evidence of a harmful exposure to secondhand smoke,” said Munzer.

 “Have you ever examined Mr. Schuman?” asked Schuman's attorney Szymkowicz.

“No,” replied Munzer.

After Munzer left the stand, Szymkowicz informed the court that Munzer’s testimony wrapped up the plaintiff’s case.

The trial is scheduled to resume with the defense’s witnesses on Monday, Aug. 22, at 9:00 a.m.

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