Earlier this month, an appellate court issued a written opinion in a Florida personal injury case involving a claim brought by a plaintiff who suffered worsening symptoms of a pre-existing condition after being treated by the defendant aesthetician. The case required the court to determine if the defendant’s expert witness was properly prohibited from testifying, and whether the plaintiff was entitled to judgment as a matter of law. Finding that the lower court did not err, the court affirmed the verdict.
The Facts of the Case
The plaintiff, who suffered from mild rosacea, arranged to have a chemical peel at the defendant spa. The plaintiff noted on her intake form that she had rosacea, but the defendant aesthetician failed to read the form prior to beginning the procedure. The defendant admitted that, had she read the form, she would not have performed the procedure or would have conducted a test on a small area of skin first.
After the chemical peel, the plaintiff’s skin began to scar, and her rosacea was significantly worsened. The plaintiff saw several doctors and took medication as prescribed to improve her condition, but in the end, the doctors recommended laser treatment.
The plaintiff filed a negligence lawsuit against the aesthetician, claiming that she was negligent in failing to read the form prior to performing the chemical peel. The plaintiff admitted that she had not seen a doctor about her rosacea for two years prior to the incident, and she had stopped taking the medication her dermatologist had prescribed.
At trial, the defendant admitted negligence but claimed that the plaintiff was also at fault because she failed to treat her rosacea prior to the incident. The defendant offered an expert witness who was planning on testifying that the plaintiff only suffered from mild rosacea at the time of trial. However, the court prevented that witness from testifying because the witness only observed the plaintiff’s condition after the incident.
Once the defendant’s expert was precluded from testifying, the plaintiff successfully moved for a directed verdict. She was awarded approximately $85,000 in damages, and the defendant appealed.
On appeal, the verdict was affirmed. The court explained that the defendant’s expert witness was properly prevented from testifying based on the fact that she could not offer reliable testimony without having seen the plaintiff prior to the incident. Without any testimony establishing that the plaintiff was negligent for failing to treat her rosacea prior to getting the treatment, the court was proper to enter judgment in favor of the plaintiff.
Have You Been Injured in a Florida Accident?
If you or a loved one has recently been injured after having any spa treatment or medical or cosmetic procedure, you may be entitled to monetary compensation. The dedicated South Florida injury lawyers at the law firm of Friedman, Rodman & Frank have extensive experience handling a wide range of South Florida personal injury cases, and they know what it takes to succeed on their clients’ behalf. To learn more, and to schedule a free consultation with an attorney to discuss your case, call 877-448-8585 today. Calling is free, and we will not bill you for our services unless we can help you obtain the compensation you deserve.
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Appellate Court Discusses the Government’s Responsibility to Maintain Safe Roadways, South Florida Personal Injury Lawyers Blog, published February 5, 2018.