Roach v. Ivari International Centers, Inc.

822 A.2d 316, 77 Conn. App. 93, 2003 Conn. App. LEXIS 238
CourtConnecticut Appellate Court
DecidedMay 27, 2003
DocketAC 22310
StatusPublished
Cited by9 cases

This text of 822 A.2d 316 (Roach v. Ivari International Centers, Inc.) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roach v. Ivari International Centers, Inc., 822 A.2d 316, 77 Conn. App. 93, 2003 Conn. App. LEXIS 238 (Colo. Ct. App. 2003).

Opinion

Opinion

DUPONT, J.

The plaintiffs, Alicia Roach and James J. Roach, appeal from the judgment rendered in favor of the defendants after a trial to the court in which the plaintiffs sought to hold the defendants liable for alleged damage to the hair and scalp of Alicia Roach.1 On appeal, the plaintiffs claim that the court improperly concluded (1) that the defendants were not negligent, (2) that the plaintiffs were required to present expert testimony regarding the standard of care in the hair implant industry2 and (3) that the defendants did not breach their contract with the plaintiffs. We discuss the first and second claims together because the presence or absence of negligence rests in part on the type of care or standard of care to be used in a particular situation.

The following facts, as found by the court in its memorandum of decision, are relevant to our resolution of the plaintiffs’ claims. Alicia Roach is a retired epidemiologist, seventy years old at the time of trial, who had suffered from hair loss for some years prior to the events that are the subject of her action.

In the spring of 1996, the plaintiff saw the defendants’ magazine advertisement for microcylinder intervention (intervention), a nonsurgical procedure that involves [96]*96the interaiingling of donor hair with a client’s natural hair to provide a fuller appearance of hair.

After consulting with her physician, the Roaches traveled to New York and met with an Ivari representative. James Roach on June 24, 1996, signed a contract with Ivari in which Alicia Roach is described as the client. The contract briefly described the intervention procedure, the recommendation of adjustments after the initial intervention, the scheduling date of the intervention and the time for payment. The Ivari representative explained the details of the intervention3 and the periodic maintenance procedures.4 The representative did not provide any warning of any potential side effects, but did state that the intervention would not prevent or slow additional hair loss.

In July and August, 1996, James Roach paid $15,245 and $10,000 to Ivari. On August 18 and 19, 1996, the [97]*97procedure was performed in Ivari’s Beverly Hills, California, office.5 Within one month after the procedure, the plaintiff began to suffer from scalp itching, about which she complained to Ivari on a visit on October 16, 1996. An Ivari representative informed her that the itching was a temporaiy condition.

After that visit, the plaintiff still suffered from an itching scalp, which often kept her awake at night. She made further complaints about the itching to Ivari, to her coworkers and to her hairdresser, Nelson Jimmo. Jimmo recommended that the plaintiff see a dermatologist. On December 6, 1996, when the plaintiff saw Gary L. Last, a dermatologist, she no longer complained of scalp itching. Last saw no signs of irritation or disease, but thought that the hairpiece might have contributed to the plaintiffs hair loss and recommended the removal of the hairpiece. He observed hair breakage, which he attributed either to the traction of the hairpiece or to the plaintiffs past history of permanent waves or to the use of relaxers.

The plaintiff returned to Jimmo so that he could remove the hairpiece. As a combined result of the snipping off of threads of hair at the underside of each microcylinder and the breaking off of some hairs from tension on the hair when the hairpiece became loose, there was a significant bald spot on the plaintiffs head after the removal.

Thereafter, the plaintiff wore wigs for several months until her natural hair grew back. Although the plaintiffs hair is thinner now than it was prior to the procedure, [98]*98that is due in part to her regular visits to the hairdresser, to the continued hair thinning, which had been occurring for some years prior to the intervention, and to the residual effects of hair breakage following the intervention procedure. The court noted that “Ivari, Inc., is in the business of installing exorbitantly priced hairpieces on the heads of people with thinning hair. These hairpieces are the functional equivalent of wigs and might be expected to look and feel like wigs after attachment.”

The plaintiffs filed their action against the defendants alleging negligence, breach of contract and negligent infliction of emotional distress.6 The case was tried to the court over three days, with the court concluding that judgment should be rendered for the defendants on all counts.

We first set forth the applicable standard of review. This case involves both findings of fact and conclusions of law. “If the factual basis of the court’s decision is challenged, our review includes determining whether the facts set out in the memorandum of decision are supported by the record or whether, in light of the evidence and the pleadings in the whole record, those facts are clearly erroneous. . . . With regard to the [99]*99trial court’s factual findings, the clearly erroneous standard of review is appropriate. . . . The trial court’s legal conclusions are subject to plenary review. [ W]here the legal conclusions of the court are challenged, we must determine whether they are legally and logically correct and whether they find support in the facts set out in the memorandum of decision.” (Internal quotation marks omitted.) Maloney v. PCRE, LLC, 68 Conn. App. 727, 734-35, 793 A.2d 1118 (2002).

I

NEGLIGENCE CLAIMS

“The essential elements of a cause of action in negligence are well established: duty; breach of that duty; causation; and actual injury.” RK Constructors, Inc. v. Fusco Corp., 231 Conn. 381, 384, 650 A.2d 153 (1994). If a plaintiff cannot prove all of those elements, the cause of action fails. Santopietro v. New Haven, 239 Conn. 207, 225, 682 A.2d 106 (1996). The court concluded that the plaintiffs failed to prove the existence of a duty to warn or that the “sale or installation of the hairpiece . . . caused damage to Alicia Roach’s scalp or hair.”

“The existence of a duty is a question of law and only if such a duty is found to exist does the trier of fact then determine whether the defendant violated that duty in the particular situation . . . .” (Internal quotation marks omitted.) Gould v. Mellick & Sexton, 263 Conn. 140, 153, 819 A.2d 216 (2003); see also Petriello v. Kalman, 215 Conn. 377, 382-83, 576 A.2d 474 (1990). “A duty . . . may arise . . . from circumstances under which a reasonable person, knowing what he knew or should have known, would anticipate that harm of the general nature of that suffered was likely to result from his act or failure to act.” (Internal quotation marks omitted.) Greene v. Perry, 62 Conn. App. 338, 341, 771 A.2d 196, cert. denied, 256 Conn.

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Bluebook (online)
822 A.2d 316, 77 Conn. App. 93, 2003 Conn. App. LEXIS 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roach-v-ivari-international-centers-inc-connappct-2003.