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Torts Keyed to Dobbs
Newmark v. Gimbel’s, Inc
Facts
Plaintiff went to a beauty shop owned by Defendant where she had an appointment and, on the recommendation of her usual stylist underwent a permanent. One more than one occasion, she had felt a burning sensation on her scalp. Subsequently, she developed blistering on her forehead and her hair fell out. It was later determined by a dermatologist that she had contacted dermatitis caused by the permanent solution. Plaintiff, along with her husband, brought an action alleging negligence and breach of express and implied warranties. The trial court dismissed the warranty theories of liability stating that Defendant was providing a service. A jury returned a verdict for Defendant on the negligence claim. The appellate court reversed, holding that an existing factual issue required a jury to decide whether there was an implied warranty of fitness for the lotion applied to Plaintiff’s hair and scalp.
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