Judge says perfume lawsuit can proceed

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http://detnews.com/apps/pbcs.dll/article?AID=/20081127/METRO/811270375

Detroit city planner says co-worker's scent interferes with job

performance, breathing.

Egan / The Detroit News

DETROIT -- A city of Detroit planner can proceed with her lawsuit

alleging a co-worker's perfume made it difficult for her to breathe and

impossible to do her job, a federal judge has ruled.

In an opinion released late Tuesday, U.S. District Judge Lawrence P.

Zatkoff rejected the city's attempt to have McBride's lawsuit,

filed under the Americans with Disabilities Act, dismissed.

McBride " has produced evidence that her breathing is significantly

restricted " by a co-worker's perfume, and she has a potential claim,

Zatkoff ruled.