March 22, 2011

March 22, 2011 Mr. Robert Bechtold, Manager Kukyendahl Joint, Inc. 88 North Park Road Houston, TX 77005 Re: Last Warning Dear Mr. Bechtold: (Switched to indirect approach)Enclosed in a summary of recent ETS-related court cases in which landlords and owners were held responsible for providing toxin-free air for their tenants. In most of these cases, owners were also required to reimburse rents and pay damages for the harm done before the environmental tobacco smoke problem was remedied. Cigarette smoke from tenants on either side of us, and perhaps above and below as well, has been infiltrating our space and nothing was done, despite our please, to stop it. This is unacceptable. Environmental Protection Agency classified it as this Group A Toxin. It causes lung, breast, cervical, and endocrine cancer in nonsmokers. No one would want to breathe it, either. One employee already quit who suffered from asthma, another is threatening because he’s a high risk for heart attack. Migraines, bronchitis, respiratory infections – all caused by the 4 600 chemicals in ETS, including poisons such as cyanide, arsenic, formaldehyde, carbon monoxide, and ammonia. We’ve had them all – the illnesses, that is. Secondhand smoke is even more dangerous than what smokers inhale, since the inhalation process burns off some of the toxins. Sick time has already cost CMSI valuable business and lowered productivity. Plus many of us are considering finding other jobs unless our office air becomes safe to breathe again, But as court cases prove, the responsibility for fixing this problem is landlords’. We’ve been plagued with this since we moved in on January 2, 2010. Since that time no actions were taken on our complaints, or any response followed to our explanations that secondhand smoke is making us sick, filtering in from nearby offices. Soon, our lawyers can take legal actions. We’ve announced that we were forced to hire contractors to apply weather stripping and seal openings. This cost us $3 000 (bills attached) and we expect reimbursement. But the smoke is still coming in. We also want a refund for the $ 9 000 we’ve paid in rent since January. Please contact us by tomorrow 8 a. m. at (832) 768-3899, or our attorneys will start working on protocols. We expect you to live up to that responsibility immediately. Frankly, we’re feed up with your lack of response. Kathleen Thomas Manager