Infected foot caused by bad pedicure, jury rules

David Yates Sep. 13, 2010, 10:57am

A Jefferson County jury recently ruled that plaintiff Erika Arceneaux's infected foot was the result of unsanitary conditions at defendant Tina Tran's nail salon, awarding the local woman around $2,600 in damages.

The case of Arceneaux vs. Tran went to trial Aug. 30 in Judge Bob Wortham's 58th District Court. A jury verdict was filed Sept. 3 in Jefferson County District Court.

In her suit, Arceneaux alleged a dirty foot tub at Nina Nails, owned by Tran, led to a case of cellulites, which is a fatty lump beneath the skin.

"If the facts in this case indicate the plaintiff suffered pain ... I promise you can't go back in time and wipe away the pain," said plaintiff's attorney Langston Adams during the trial.

"So, how do you make a person whole then? You (the jury) determine what (money) amount is reasonable ... for pain and mental anguish," he said.

Jurors determined Arceneaux's mental anguish to be worth $1,000. Jurors also awarded her $484 in lost wages and $1,142.20 in past medical expenses.

Arceneaux claims she suffered mental anguish because the tub in which she soaked her feet and the tools used at Nina Nails had not been properly disinfected, causing her feet to become infected.

According to court papers, Arceneaux visited the salon on Sept. 29, 2008, to receive a pedicure. Once there, she sat in a spa chair and soaked her feet.

"Plaintiff later discovered that neither the tub nor the tools used had been properly disinfected," the suit states. "Plaintiff's toes became seriously infected as a result of the pedicure ... and plaintiff was diagnosed with cellulites by her physician."

Jurors awarded Arceneaux no damages for her alleged disfigurement.

Tran was represented by Beaumont attorney Richard Hatfield.

Case No. A184-356

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