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Personal Injury
Premises Liability
Cosmetology Negligence

Josie Galeas v. Nail Star & Spa Salon

Published: Jan. 29, 2011 | Result Date: Sep. 2, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 30-2009 00125411 Settlement –  $2,000,000

Court

Orange Superior


Attorneys

Plaintiff

Darren O. Aitken
(Aitken Aitken Cohn)


Defendant

Nancy J. DePasquale


Facts

On Jan. 6, 2009, Josie Galeas, a 66-year-old diabetic, went to Nail Star Spa & Salon to get a pedicure. She had been a regular customer of the salon for five years. Her pedicurist that day was one she had used on a number of occasions. Her pedicurist had know about her medical condition because she had spoken with her about her diabetes in the past. As a result of her diabetes, she has little to no feeling in her lower extremities. On that day, she was the only customer at that time. While Josie's feet were in the tub filled with water, her pedicurist asked if the water was warm enough and walked away. She sat there with her feet soaking in the hot water and unattended while her pedicurist was away. Her pedicurist finished the pedicure, and she went home.

It was not until Galaes got home that she noticed blisters on her feet. She eventually went to Western Medical Center where she was admitted to the Grossman Burn Center for third-degree burns and a high fever. Following her initial treatment from burn specialists, she was transferred to the intensive care unit. She remained at the hospital for nearly a year where doctors places skin grafts on her left foot, was treated for two heart attacks, and was placed on dialysis due to kidney damage caused by the toxins in the burns.

Galaes sued the Salon for negligence.

Injuries

Galaes suffered from the following injuries: third-degree burns to at least one foot; high fever that turned into difficulty in breathing, which led to pneumonia; mild heart attacks; kidney failure; and bed sores on the lower back.

Result

The parties participated in mediation, which resulted in a settlement of $2 million the maximum allowed under the Salon's insurance policy.


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