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Woodland Hills apartment wins second-hand smoke case

Oakwood Apartments in Woodland Hills is seen in this undated photo.

July 26, 2012 12:00:00 AM PDT
A Woodland Hills man has lost what he calls the "first round" in a battle over second-hand smoke, but he's not giving up.

John Birke lives in the Oakwood Apartments. Six years ago, he filed a lawsuit to keep "common areas" of the apartment complex clear of smokers.

Birke's wife and daughter suffer from asthma. The apartment owners called Birke a "nuisance" and ordered him evicted.

On Wednesday, a Van Nuys jury ruled in favor of Oakwood. Birke said he is not going to move out and plans to appeal the decision. Oakwood said it is pleased with the outcome.

The company released a statement saying, "We have voluntarily taken steps in order to accommodate the vast needs of our guests, allowing everyone to enjoy the amenities offered at the property. Clearly, the jury understood."