Hair Salon’s Patron Claimed Highlights Burned Her Scalp
On Aug. 14, 2004, plaintiff Samantha Chesney, 14, went to Allure, a hair salon, to have highlights put in her hair. Highlights are done by placing tinfoil in the person’s hair and by using peroxide and other chemicals, which is only supposed to touch the hair. After the highlight chemicals were placed in Samantha’s hair, she complained that it felt hot. She ultimately contended that her scalp was burned.Samantha’s father, John Chesney, acting as Samantha’s parent and natural guardian, sued Allure. He alleged that the defendant’s employees negligently performed the hair highlights.Allure commenced a third-party claim against the chemical’s distributor, Piermarco Group Imports Ltd. Allure alleged that the highlight product was defective.
Plaintiff’s counsel claimed that Allure negligently applied the chemicals and failed to properly protect Samantha’s scalp. He contended that the defendant’s employees either didn’t apply the tinfoil to her hair properly or improperly applied the chemicals to her head.
Allure denied burning Samantha’s scalp and had no explanation of how her scalp was burned. Allure’s employees claimed that they remembered her complaining that it felt hot, but that they saw no damage of Samantha’s hair.
Plaintiff’s counsel claimed that Samantha sustained third-degree chemical burns of her scalp. The burns caused a lesion the size of a half dollar and caused scarring and hair loss. Samantha underwent four cosmetic surgeries, but she claimed that she is permanently disfigured. She also claimed that she suffers embarrassment and pain associated with her injuries.
Samantha’s father sought recovery of Samantha’s future medical expenses and damages for Samantha’s past and future pain and suffering.
Piermarco Group Imports’ counsel moved for summary judgment. During pendency of that motion, the parties agreed to a $235,000 settlement. Allure’s insurer agreed to contribute $210,000, and Piermarco Group Imports’ insurer agreed to contribute $25,000.