Secondhand Smoke Trial Heats Up on Day Two

The air sparked with contention on day two 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.

For About a Decade the Problem Disappeared

Thursday, when Schuman underwent cross-examination, he testified that from late 1997 up until 2008, secondhand smoke wasn’t a problem to him.

He did not believe, however, that the sealing done by GHI in 1997 was what solved the problem. Instead, he maintained that the problem went away because the Popovics changed their smoking habits.

Darko Popovic, who is representing himself at the trial, questioned Schuman, asking if Schuman had any proof that Darko's and his wife, Svetlana's, smoking habits had changed from 1997 to 2008. Schuman admitted that he did not.

Michael Goecke, the associate attorney for GHI, had said in his opening statement on , that the Popovics’ smoking habits changed in March of 2010, after Svetlana Popovic was diagnosed with a brain tumor and after Schuman filed his second complaint in January of 2009.

Addressing Darko Popovic's current habit, Goecke said Popovic smokes two to five cigarettes in the evening, outside, weather permitting.

Judge Declares The Co-op Did Not Say — Mr. Schuman Move

When Overdurff took the stand, a second point of contention arose. This time it was over Schuman's claim that the cooperative was not solving the problem between he and the Popovics.

Schuman testified that after the GHI Board of Directors asked him to work the problem out with the Popovics’, he felt he had to move.

Gretchen Overdurff, general manager of GHI and the second witness on Thursday, testified that the board had told Schuman, “There’s no more they could do as a board,” after he went through a member complaint review panel in 2009.

Schuman’s lawyer, J.P. Szymkowicz, asked Overdurff whether the coop had asked Schuman to move.

“We hoped he would consider the problem more fully and be part of the solution,” replied Overdurff.

Judge Albert Northrop, the presiding judge, weighed in on the matter, after reading over a letter detailing GHI’s decision on Schuman’s 2009 complaint.

“I define as a fact that it does not say, ‘Mr. Schuman, move,'” said Northrop.

Is Schuman's Home Priced Too High to Sell?

Schuman has placed his house up for sale for $259,900 with Greenbelt real estate agent Leonard Wallace.

He admitted Wallace told him if he wanted to get any offers he’d have to list for under $200,000. But Schuman would not, saying the price reflects the value of his renovations as well as what he hoped he’d get for the property in a better housing market.

“Much to the dismay of my real estate agent,” said Schuman.

Schuman testified that he also had his real estate agent note that he was selling it because of the presence of secondhand smoke. He said he was worried that if he didn’t notify possible buyers about the presence of smoke, he might have faced possible litigation.

Jason Fisher, the primary counsel for GHI, asked Schuman whether that disclosure might deter potential buyers from even considering his property?

“Yes, that’s the whole point,” said Schuman.

Judge Northrop informed Schuman that there is no statute in Maryland that requires that disclosure.

The Science of Secondhand Smoke

In the late afternoon, Schuman’s expert witness, James Repace, was called to the stand.

“Basically I developed the field,” said Repace, a secondhand smoke consultant, about his work on exposure to secondhand smoke.

Repace notified the court that he has tested for carcinogens on cruise ships as well as done research on indoor air pollution for countries like Australia, New Zealand, Norway and the Netherlands.

He testified that he has personally counted 172 toxic chemicals in secondhand smoke.

Repace’s testimony, which ended with his discussion of the tests he did in Schuman’s townhome, is set to continue at the start of the trial tomorrow. The trial will begin at 9:45 a.m. on Friday.