District Court, N.D. Ohio September 20, 2001, 3:00cv7099 (Wilhelm v. CSX Transportation, Inc.)

ORDER

CARR, District Judge.

Plaintiff Keith Wilhelm, a former smoker diagnosed with asthma, alleges that defendant CSX Transportation, Inc. (“CSX”) failed to enforce its policy prohibiting smoking in certain areas of the workplace. As a result, plaintiff alleges he suffered injury from second-hand smoke while employed on the premises.