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Asthmatic’s Father Sues Over Secondhand Smoke

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From Times Staff and Wire Reports

The father of a 5-year-old asthmatic girl has sued the apartment complex where the family lives in an attempt to stop residents from smoking in common areas.

The lawsuit, filed Wednesday in Superior Court, alleges that secondhand smoke from common areas around the complex have hurt Melinda Birke’s health. The areas include the swimming pools, barbecue areas, children’s playground, outdoor dining area and entrances to the rental office and clubhouse.

The girl has had pneumonia three times since 2003 and has suffered from asthma and chronic allergies since she was 18 months old, the lawsuit states.

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Jessica Shih, a spokeswoman for Oakwood Worldwide in West Los Angeles, owners of the Woodland Hills complex, declined to comment on the lawsuit.

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