PITTSBURGH – Three weeks before proceeding to trial, Sephora argues that the claims of a bride who allegedly contracted impetigo six days before her wedding and after getting her makeup done at one of its Pittsburgh-area stores should be dismissed, due to not providing a pre-trial statement prior to the scheduled deadline.
Plaintiffs Amanda Huff and Michael Huff of Bridgeville first filed suit in the Allegheny County Court of Common Pleas on July 19, 2019 versus Sephora USA, Inc. of San Francisco.
On July 22, 2018, Amanda said she went to the Sephora store at the South Hills Village mall in Pittsburgh and claims that the staff applied makeup to her face using an unclean and dirty brush. This application, she says, caused her to develop impetigo.
According to the Mayo Clinic, impetigo is characterized by “red sores that quickly rupture, ooze for a few days and then form a yellowish-brown crust, which usually occur around the nose and mouth but can be spread to other areas of the body by fingers, clothing and towels.”
“As a direct and proximate result of the aforementioned incident, plaintiff sustained the following injuries, some or all of which may be permanent: Impetigo, bruises, contusions and other injuries in or about nerves, muscles, bones, tendons, ligaments, tissues and vessels of the body, and nervousness, emotional tension, anxiety and depression,” the suit stated.
The suit added Amanda suffered pain, inconvenience, embarrassment, mental anguish, monetary expenditures for care of her injury, plus emotional and psychological trauma. Not to mention, impaired health, strength and vitality, loss of various pleasures of life, lost earnings and may in the future have to face one, if not more, surgeries.
The plaintiffs contended that their injuries are a direct result of negligence on the part of the defendants, for failing to use a clean makeup brush, failing to prevent harm caused to the plaintiffs and failing to properly train employees as to the health dangers of using a dirty makeup brush during application, as well as proper methods of makeup application.
On Aug. 19, 2019, Sephora filed an answer to the lawsuit, arguing that the Huffs’ lawsuit is barred by the doctrines of waiver, estoppel, laches, and/or the statute of limitations and/or repose, in addition to it having failed to state a claim upon which relief could be granted.
In a reply to the answer on Aug. 21, 2019, counsel for the plaintiffs denied Sephora’s conclusions as a matter of law to which no response was required.
UPDATE
After two years of relative judicial inactivity, counsel for Sephora filed a pre-trial statement on Sept. 13, eight weeks before the case was set for trial on Nov. 12.
“Sephora categorically denies that Sephora or any of Sephora’s employees were negligent in their dealings with plaintiff and that is reflected in the record developed in discovery in this case. Plaintiffs’ claims must be dismissed given that they have failed to comply with their Aug. 30, 2021 deadline to submit a pre-trial statement and provide expert, witness, and exhibit disclosures,” according to the company counsel’s statement.
“Sephora has nothing to which it can respond as plaintiffs have the burden of proof but have failed to make any pre-trial submissions. Sephora reserves the right to supplement this narrative statement should the court allow plaintiffs to file and serve a pre-trial statement after their Aug. 30, 2021 deadline.”
For counts of negligence and respondeat superior, the plaintiffs are seeking damages against the defendant in excess of the jurisdictional limits of compulsory arbitration, plus court costs, interest and such other and further relief as the court may deem just and equitable, in addition to a trial by jury.
The plaintiffs are represented by Christopher Halesey of Woomer & Talarico, in Pittsburgh.
The defendant is represented by Thomas J. Galligan and Arnd von Waldow of Reed Smith, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-19-010142
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com