Pensacola, FL (PRWEB) September 20, 2013
Jenny Howell Prevails Against Regal Nails for a $2M Judgment in the Howell vs Regal Nails Law Suit
The superficial nerve fibers on Howell’s feet were so damaged in a pedicure at a Regal Nails salon that a spinal stimulator had to be surgically implanted to enable her to walk. The damage is permanent and affects every aspect of her life.
13 September, 2013, Pensacola, Florida -- According to court records in Case #2010-CA-1776, Santa Rosa County, Florida, a verdict against Regal Nails, Baton Rouge, LA, and nail technician Lilly Le, Regal Nails, Milton, Florida resulted in a 2 million dollar judgment in favor of the plaintiff, Jenny Howell, Milton, Florida. Represented by Attorney Dan Stewart, Pace, Florida Howell was determined to have been permanently injured by incorrect use of a callous remover. Regal Nails, the largest chain of nail salons in the United States with over 1000 nail salons are principally located in Walmart stores.
According to court records, Podiatrist Robert Spalding, Chattanooga, TN, author of the book Death by Pedicure, and industry consultant and educator Janet McCormick, Frostproof, FL, co-owners of Medinail Learning Centers (http://www.medinail.com ) testified in the lawsuit as industry experts. Dr. Spalding, who appeared with Howell on the Anderson Cooper Live TV show in February, 2013, testified on causation in the case saying, on the record that “the superficial nerves in her feet were so damaged that a spinal stimulator had to be surgically implanted to enable her to even partially ambulate and accomplish minimal weight bearing tasks.” McCormick emphasized in court the importance for nail technicians to follow instructions in use of callus softeners because of a caustic active ingredient in the product. Instructions for the product called for only a 45 second application time. According to testimony, nail technician Lilly Le, aka “Helen” applied and left the product on Howell’s feet for over 25 minutes resulting in extremely painful and widespread blister formation and damage. Additionally, according to court records, the product caused burns on Howell’s arms from back-splash.
Initially, Regal Nails denied that the product or application was the cause of the injury but later stated for the court records that they concede that the injury was caused by the service in the Milton, Florida Regal Salon. Van Lam, General Council of Regal Nails, testified that the franchise does not regulate the individual salons. However, on their website and in an unedited statement by Charlie Ton, the previous CEO of Regal Nails, published in Dr. Spalding’s book claim they do. The Santa Rosa County, Florida, jury found in Case #2010 -CA-1776 that Regal Nails Salon and Spa, LLC, exercised control over the method their franchise handled the chemical callus remover; they also found Regal Nails Salon and Spa, LLC, negligently trained and/or supervised their franchisee.
Dr. Spalding says that during his reviews of nail salons since 1998, he has found the language barrier to be a major problem in many nail salons. “Many technicians are unable to communicate with the client or to understand client questions and requests,” says Dr. Spalding. According to Howell’s testimony, her skin was stinging and she asked Lily Le several times to remove the product. The nail tech did not understand her and did not remove the product for over 25 minutes. The result was permanent damage to Howell’s feet.
Medinail Learning Center provides advanced programs for nail technicians to upgrade safety in salons and support success. For more information, see their website, http://www.medinail.com or call 863-273-9134 or Dr. Spalding can be reached at 423-667-4992.