Madison - St. Clair Record

Tuesday, March 31, 2020

Beauty salon requests customer's case over spinning chair be dismissed

By Christina Stueve Hodges | Apr 18, 2013


Defendants Kim Ackerman and Creative Image filed a motion to dismiss a woman’s negligence suit involving a visit to their Highland beauty salon.

Patricia Price filed suit against Ackerman and Creative Image Feb. 20 in Madison County Circuit Court.

According to the complaint, Price was a customer of Creative Image on Cherry Lane in April 2012. Price says she was using her walker and being helped by Ackerman to move from one chair to another. The customer alleges the second chair wasn’t locked in place at the time and spun, causing her to fall and hurt her left ankle.

The motion to dismiss was filed April 15.

“As a general rule, one who entrusts work to an independent contractor is not liable for the acts or omissions of that independent contractor unless the defendant supervises the details or retains control of any part of the independent contractor’s work,” the motion to dismiss states.

“All of the defendants’ contracted stylists are responsible for maintaining their styling booth and the area around it, looking after their own clients and performing all of their own work. Defendants do not control how a stylist performs her work, and maintain no supervisory role over the details of the stylists’ work,” the motion also states.

Price seeks more than $50,000 in damages for medical bills and court costs.

Attorney John H. Hustava of Collinsville represents Price.

Michael Hobin and Joshua Severit of Reed, Armstrong, Mudge & Morrissey in Edwardsville represent the defense.

Madison County Circuit Court Case No. 13-L-263

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Reed, Armstrong Mudge & Morrissey