Evening of Dancing Atop Bar at Coyote Ugly Leads to Loss of Smell, Lawsuit.
Ms. Brittany Barnes decided to enjoy a night out in Nashville. During the course of the evening, she found herself dancing on top of a bar at a bar called Coyote Ugly. Unfortunately at some point she fell and suffered injuries, including a “permanent loss of smell.” She claimed it was the bar’s fault for allowing the bar surface to be slippery and for not warning her of the slippery bar. The bar responded by saying that the bar surface was fine, and the fall was caused by Ms. Barnes’s state of inebriation. The bar also claimed Ms. Barnes’s loss of smell was caused by other factors, including a history of smoking, not the fall in the bar. Experts on issues ranging from bar safety to medical causation on loss of sense of smell were retained.
Witness Testimony on Color and Other Matters Open to the Senses
Victoria Harris, the plaintiff in a recent Sixth Circuit Court of Appeals decision, had been wearing the same ring for over 29 years. See Harris v. J.B. Robinson Jewelers., 2010 WL 4961722 (6th Cir. Dec. 8, 2010). She knew the ring like, well, the back of her hand. So when she picked it up from the jewelry store after a resizing, she immediately noticed that something was wrong. Her large, pink diamond had been replaced with a smaller, colorless one.
Don’t Give a Hoot: Expert Witness Qualifications
Both parties produce plastic sculptures of owls that are often used to rid buildings or portions of property of the nuisance of the wildlife by frightening the wildlife, such as birds and rodents. The parties also assert that their owls are used extensively for indoor and outdoor decoration and for events like Halloween.