JURY FAILS TO AGREE

Press, Volume CI, Issue 29916, 1 September 1962, Page 12

JURY FAILS TO AGREE

Claim Against Hairdresser (N.Z. Press Association) WELLINGTON, Aug. 31. A jury hearing a claim for damages by an elderly widow in the Supreme Court at Wellington today against a hairdresser for alleged negligence failed to agree after retiring for 4! hours and Mr Justice Hutchison ordered a new trial. Rut'h Taylor, aged 66. of Otaki. claimed general damages of £lOOO and £785 special damages from A. Van Ver Meulen. hairdresser, of Wellington and Levin. Taylor alleged that she was given a shampoo, permanent wave and a smokey-grey cold-water rinse negligently and unskilfully and that as a result of the alleged negligence she contracted acute dermatitis and developed abscesses and carbuncles. When the jury returned at 335 p.m. today, the foreman told his Honour that there was not even any likelihood of it reaching a majority decision.

Summing up, his Honour said Taylor was not entitled to damages simply because Site suffered dermatitis following hair treatment. She was entitled to recover damages if the dermatitis was due to lack of care or skill on the part of the defendant or his employees. Defence counsel had said he did not find it possible to dispute that the plaintiff’s dermatitis arose from the hair treatment. The only question to be answered was whether the treatment was given negligently or unskilfully. The alternative appeared to be that the dermatitis arose from an allergy to some normally harmless substance.