Man burned by hot rocks at day spa fails to produce expert, suit dismissed

David Yates Mar. 19, 2012, 6:44am

A Louisiana man's suit against Calder's Mane Event & Day Spa, which alleged a masseuse burned him with hot rocks, has been dismissed.

As previously reported, Rodney Welch filed his suit against day spa owner Daisy Johnson on Nov. 3, 2010, in Jefferson County District Court.

A year later, court records show that on Nov. 18 Johnson filed a motion to dismiss, asserting that the plaintiff failed to produce an expert report in accordance with Texas civil law.

Judge Bob Wortham, 58th District Court, granted the motion on Nov. 28, dismissing the defendant with prejudice.

Welch had filed a response to the motion on Nov. 22, arguing that no expert was needed to testify of the obvious injuries he suffered because of the hot rocks, court records show.

According to the lawsuit, Welch had an appointment with the spa on Nov. 17, 2008, for a deep tissue message.

The message therapist heated up some stones in the microwave and then placed them on Welch's upper right back and shoulder area without laying down protection for his skin, causing second-degree burns, court papers say.

"These burns have caused permanent scarring ... which have accelerated into a keloid reaction ... requiring a surgical procedure to correct," the suit states.

Welch accused Johnson of negligently hiring and training the message therapist.

He was suing for actual and exemplary damages.

Houston attorney Barbara Hudson represents him.

Beaumont attorney Brian Sutton of Sutton & Jacobs represents the defendant.

Case No. A188-731

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