Elderly Woman Sues Neighbor For Being Too Loud

On Thursday, a 94-year-old Chicago woman filed a civil lawsuit against her neighbor, claiming that the neighbor’s constant loud noises have caused her health problems, the Chicago Tribune reports.

Bertha Khoshaba claims that ever since a new neighbor moved into her East Randolph Street apartment building three years ago, Khoshaba has had trouble sleeping. She’s now suing in order to quiet her neighbor and get some rest.

According to the suit, Khoshaba has been living in the building for over 20 years. When a new neighbor moved in the apartment above her, she began hearing the sounds of “drilling, sawing, intentional foot stomping, hammering and the dropping of heavy objects” between 1 and 4 a.m.

Khoshaba complained to her neighbors and to her condo association, but received no relief. According to her suit, she started sleeping on her living room couch and at a neighbor’s apartment to avoid the noise.

Khoshaba claims to be suffering from blood pressure problems and other conditions as a result of the lack of sleep. According to the suit, she’s been hospitalized seven times since the noises began.

Khoshaba is probably claiming a negligence cause of action. In a personal injury suit for negligence, a plaintiff must show that the defendant owed a duty of care to the plaintiff, and in breaching that duty the defendant injured the plaintiff.

Khoshaba will likely argue that her neighbor owes her a duty to remain quiet in the early morning hours, and that by breaching that duty the defendant has caused the 94-year-old woman to suffer health problems.

“No decent person continues to make hammering, sawing, drilling, and banging noises between 1 and 4 a.m. in a large condo building, especially with a sick elderly woman living right below him,” Bertha Khoshaba’s suit states. Hopefully the suit will give Khoshaba a respite from the constant racket.

Related Resources:


Find a Chicago Personal Injury Attorney (FindLaw)
94-year old sues late-night noisy neighbor (WGNtv.com)
Proof in a Negligence Case (FindLaw)
Standards of Care and the “Reasonable Person” (FindLaw)




The Chicago Personal Injury Law Blog

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/elderly-woman-sues-neighbor-for-being-too-loud.html