Romero

Plaintiff, Mary G. Romero, had her hair bleached at Emma’s Beauty Salon, owned and operated by the defendant, Maree And’ra. The complaint alleged that plaintiff’s injuries were caused by the effects of chemicals negligently applied by the defendant’s employee, Jean Fowler. Before trial, the complaint was amended to include a count for breach of warranty. On this appeal from the judgment in favor of the defendant entered on a jury verdict, the contentions on appeal are that the court erred in refusing the proffered instruction on res ipsa loquitur and in its instructions on the assumption of risk and contributory negligence.

The facts are as follows: In July 1959, the plaintiff discussed with the defendant the feasibility of having her hair bleached blond. At this time, the plaintiff was about 40 years old and had her dark hair dyed and tinted an auburn shade but had never had her hair bleached. The defendant and her employee, Jean Fowler, examined the plaintiff’s hair and indicated that it could be successfully bleached blond by a process which was to be done in several stages on July 9, 10, 11 and 18, 1959. Plaintiff was anxious to have the job done since she wanted to be a…