Spa is sued after manicurist breaks woman's thumb

Michelle Massey Oct. 18, 2010, 2:33am

A Mississippi spa is being sued after one of its manicurists broke a woman's thumb during a manicure.

Patricia Frost Klees filed suit against Beau Rivage Resorts Inc., John Doe and ABC Insurance Co. on Oct. 8 in federal court in New Orleans.

The alleged incident occurred on Oct. 9, 2009 as Patricia Klees was getting a manicure by an unidentified employee of Beau Rivage Resort and Casino. Klees claims she was injured when the manicurist began to give her a massage and forcefully tugged on Klees' right hand and fingers, dislocating and fracturing her right thumb.

According to the complaint, paramedics were dispatched to the spa and then transported to the Biloxi General Hospital for further treatment.

Klees states she continues to receive medical treatment for pain and weakness in her right thumb and her physician is recommending surgery.

The defendants are accused of negligence for failing to properly apply manicure techniques to prevent the risk of harm, failing to warn of associated risks, failing to maintain safety policies procedures and measures in the spa, failing to exercise reasonable care, failing to properly supervise its employees, failing to properly train and failing to properly supervise.

The plaintiff is seeking damages for pain and suffering, medical expenses, disability, physical restrictions, mental anguish, emotional distress, loss of enjoyment of life, lost wages, loss of earning capacity, interest and court costs.

Klees is represented by Metairie attorney Michael G. Calogero. A jury trial is requested.

U.S. District Judge Helen G. Berrigan is assigned to the case.

Case No. 2:10-cv-03401

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