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$________ GROSS Negligent ear piercing - Failure to adequately train staff - Ear infection - Eight-day hospitalization - Permanent ear deformity to teen-age plaintiff.

Palm Beach County, Florida

The plaintiff alleged that the defendant’s employee was negligent in piercing the 13-year-old plaintiff’s ears, causing a severe infection. The defendant maintained that it met the standard of care in performing the piercing and that the subsequent infection resulted from the minor plaintiff’s failure to follow instructions regarding cleaning the piercings.

The plaintiff’s ears were pierced with a piercing gun at the defendant’s boutique. The plaintiff maintained that she cleaned her ears as instructed, but nine days after the piercing she presented to the emergency room with a severe infection. The plaintiff remained hospitalized for eight days and underwent multiple drainage procedures. The plaintiff claimed that she has been left with a permanent deformity of one ear.

The plaintiff alleged that the defendant’s employees were not properly trained in the safe and sterile procedures for ear piercing. The defendant argued that its employee was properly trained and that the infection developed as a result of the plaintiff’s poor hygiene practices in cleaning the piercings The jury found the defendant 75% negligent and the plaintiff and her mother 25% comparatively negligent. The plaintiff was awarded$________ in damages, reduced to a net award of $________. The defendant has filed motions for New Trial, JNOV, Remittitur, and to Stay Enforcement of Judgment.

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