Case Analysis Payne V Soft Sheen Products

Running head: CASE ANALYSIS OF PAYNE v SOFT SHEEN PRODUCTS

1

Case Analysis of Payne v Soft Sheen Products, Inc., 486 A.2d 712 (D.C. 1985)

Classified ‐ Internal use 

CASE ANALYSIS OF PAYNE v SOFT SHEEN 2

Case Background

Joyce Payne originally brought this action against Soft Sheen and Delavell Thrower to recover damages for second-degree burns sustained as a result of the application by Mrs. Thrower, a beautician, of a permanent wave product manufactured by Soft Sheen to Miss Payne's hair. The complaint alleged that the failure of the manufacturer and the beautician to warn of the product's dangers constituted breach of warranty and negligence, and in addition that Thrower had negligently applied the permanent wave solution to Payne's hair. On the first day of trial, the claims against Thrower were voluntarily dismissed, although a third-party claim by Soft Sheen against Thrower remained in the suit. The case was tried to a jury. At the close of the plaintiff's evidence, a directed verdict was granted in favor of the remaining defendant, Soft Sheen. Soft Sheen then dismissed the cross-claim against Thrower. On appeal Payne contends that the evidence adduced at trial was sufficient to warrant submission of the case to the jury, and that the trial court erred in directing a verdict. We conclude that the grant of a directed verdict was improper, and we therefore reverse the judgment of the trial court.

The Parties Involved

On August 1, 1980, Joyce Payne purchased a permanent wave kit, "Jeri-Curl," at a drugstore, and then entered a local beauty shop, where Delavell Thrower, a licensed beautician, rented a booth. She asked Thrower to apply the "Jeri-Curl" to her hair, but Thrower said she was not familiar with that product and recommended instead a permanent wave manufactured by Soft

Classified ‐ Internal use 

CASE ANALYSIS OF PAYNE v SOFT SHEEN 3

Sheen called "Care Free Curl." At that time, Care Free was distributed only through...