Anna Montez, Fipe Tausinga v. Meyda's Beauty Salon
Published: Aug. 27, 2005 | Result Date: Jun. 10, 2005 | Filing Date: Jan. 1, 1900 |Case number: CIV437961 Verdict – $453,000
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
David A. Berman
(medical)
David M. Birka-White
(Birka-White Law Offices)
(medical)
Facts
On May 16, 2001, plaintiff Anna Montez went to Meyda's Beauty Salon in Menlo Park to get information on
cosmetic lip tattooing. Montez was referred to the defendant, an employee of the salon known as "Nell", who
told her that a collagen injection would be a better alternative. Montez agreed to allow Nell, who was licensed,
to do the procedure at her home for 50 percent of what the salon charged.
The following day, Montez went to Nell's residence. Nell injected silicon, not collagen into Montez's lips.
Montez's friend, Fipe Tausinga, also received silicon injections from Nell. The injection of silicon is illegal.
Montez and Tausinga sued Meyda's Beauty Salon and Nell alleging negligence, fraud, premises liability,
vicarious liability, negligent infliction of emotional distress, and negligent misrepresentation.
Specials in Evidence
Montez and Tausinga each received $500 Montez and Tausinga each received $30,000
Damages
$300,000 requested in general damages; $200,000 requested in exemplary damages.
Injuries
At trial, the plaintiffs presented expert medical testimony that silicon was a foreign substance that their bodies would continue to reject. This would result in erupting sores requiring surgery for 20 to 30 years.
Result
The jury found that Meyda's actions constituted negligence and intentional infliction of emotional distress. Montez and Tausinga each received: $3,500 in past general damage; $175,000 in future general damages; $17,500 in punitive damages; $500 in past medical damages; and $30,000 in future medical damages.
Other Information
Defense motions for nonsuit on the claims for fraud, negligent misrepresentation, and premises liability were granted. Defense motions for nonsuit on the remaining causes of action were denied.
Deliberation
eight hours
Poll
12-0 (on all issues), 9-3 (on apportionment of fault)
Length
five days
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