Facts

Kara Ginney received a facial by a certified staff member of the Villagio Inn & Spa who used a metal looped instrument to remove blackheads. After the treatment, Ginney's face erupted with herpes simplex virus-1 (HSV-1). Ginney sued the spa for negligence.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended the she contracted HSV-1 either from the esthetician performing the facial or the improperly sanitized instrument the esthetician used. The plaintiff's expert testified to the irregular placement of the lesions where the esthetician applied the extraction tool, which plaintiff argued was prohibited by the cosmetology board. A test of plaintiff's antibodies after contracting the virus showed the most likely source during the incubation period was plaintiff's exposure to the instrument at the spa.

DEFENDANT'S CONTENTIONS:
The defendant contended the staff used instruments approved by the cosmetology board that were cleaned and sanitized. It was therefore unlikely that plaintiff contracted HSV-1 from the treatment.

Specials in Evidence

$1200; $56,000

Damages

The plaintiff sought damages for emotional distress. Her husband claimed loss of consortium.

Injuries

HSV-1 is a facial virus that will result in eruption of sores of the face and mouth for life.

Result

Defense.

Deliberation

two hours

Poll

10-2

Length

11 days