Huckle v. Spencer et al.,

• Jurisdiction: Nova Scotia
• Judge: Slone
• Neutral Citation: 2012 NSSM 13
• Citation: 2012 NSSM 13,(2012), 318 N.S.R.(2d) 50 (SmCl),318 NSR(2d) 50,(2012), 318 NSR(2d) 50 (SmCl),318 N.S.R.(2d) 50
• Date: 15 May 2012
• Court: Small Claims Court of Nova Scotia (Canada)

Huckle v. Spencer (2012), 318 N.S.R.(2d) 50 (SmCl);

    1005 A.P.R. 50

MLB headnote and full text

Temp. Cite: [2012] N.S.R.(2d) TBEd. JL.002

Marie Huckle (claimant) v. Adam Spencer and Helena Darling (also known as Helena Pelletier) (defendants)

(389000; 2012 NSSM 13)

Indexed As: Huckle v. Spencer et al.

Nova Scotia Small Claims Court

Slone, Adjudicator

June 1, 2012.

Summary:

The claimant decided to get a tattoo that was supposed to read "See you at the Crossroads". Pelletier applied the tattoo, which was misspelled "See you at the Cossroads". The claimant brought a claim against Pelletier and against Spencer, who was one of the partners in the business where Pelletier worked. Spencer had indicated that he would pay to have the tattoo removed and he had refunded the amount that the claimant paid for the tattoo. The claimant had had eight sessions of tattoo removal paid for by Spencer. She sought to recover the anticipated future cost of removing the rest of the tattoo ($6,000 for 15 further sessions), plus $2,300 for the cost of supplies used to care for the treated area, $184 for gas and $100 in general damages.

The Nova Scotia Small Claims Court awarded the claimant judgment against both defendants jointly and severally for a total of $8,991.94.

Torts - Topic 4139

Suppliers of services - Negligence - Tattoo artist - The claimant decided to get a tattoo that was supposed to read "See you at the Crossroads" - Pelletier applied the tattoo, which was misspelled "See you at the Cossroads" - The claimant brought a claim against Pelletier and against Spencer, who was one of the partners in the business where Pelletier worked - Spencer had indicated that he would pay to have the tattoo removed and he had refunded the amount that the claimant paid for the tattoo - The claimant had had eight sessions of tattoo removal paid for by Spencer - She sought to recover the anticipated future cost of removing the rest of the tattoo ($6,000 for 15 further sessions), plus $2,300 for the cost of supplies used to care for the treated area, $184 for gas and $100 in general damages (the limit the court could award) - The Nova Scotia Small Claims Court awarded the claimant judgment against both defendants jointly and severally for a total of $8,991.94 - This was not a proper case to find contributory negligence - It was far from certain whether the claimant ever had a real opportunity to inspect the proposed template before it went on her skin - Also, there was a high duty upon a tattoo artist to double check that everything was precisely as it ought to be before putting a needle to someone's skin - Spencer questioned whether the entire tattoo should be removed - He believed only the bottom line containing the misspelling would have to be removed - However, the claimant no longer wished to have the tattoo and it was not reasonable to hold her to any such course of action.

Torts - Topic 6601

Defences - Contributory negligence - General - What constitutes contributory negligence - [See Torts - Topic 4139 ].

Cases Noticed:

Ullock v. Slaunwhite, [2010] N.S.R.(2d) Uned. 63; 2010 NSSM 22, refd to. [para. 18].

Counsel:

The claimant, self-represented;

The defendants, self-represented.

This matter was heard on May 15, 2012, at Dartmouth, N.S., before Slone, Adjudicator, of the Nova Scotia Small Claims Court, who delivered the following decision on June 1, 2012.