In Birke v. Oakwood Worldwide, a Los Angles appellate court became the first court in the nation to recognize a claim that secondhand smoke in outdoor common areas is both a public and private nuisance. In this case, the owner of an apartment complex prohibited smoking indoors but allowed it in outdoor common areas. A family sued, alleging that that this practice creates a public nuisance that exacerbates their daughter`s asthma and allergies. Although it reversed the trial court`s dismissal, the appellate court questioned whether the lawsuit ``can survive a properly supported summary judgment motion, let alone prevail following a trial.`` This case is noteworthy because of its uniqueness and its implications for other facilities that allow outdoor smoking.