BECKLEY – A North Carolina woman says a visit to the spa at The Greenbrier Resort wasn’t very relaxing.
Kathryn E. Ticknor filed her complaint March 20 in federal court against Greenbrier Hotel Corporation doing business as The Greenbrier Resort, Old White Corporation doing business as The Greenbrier Hotel and John Doe defendants.
According to the complaint, Ticknor was at The Greenbrier in January 2022 for several days with family to celebrate her birthday. On January 14, she had an appointment at The Greenbrier Spa that included a pedicure.
During the pedicure, one of the members of the spa staff used a solution on her feet to remove calluses. Ticknor says she immediately complained of a burning sensation, but the staff member continued to use the solution on her feet and ankles despite noticing brown spots forming on her feet. The spa worker then dipped Ticknor’s feet into the saltwater bath and spread the solution all over her ankles and feet before leaving the solution on for 15-20 minutes.
Ticknor says the solution was only meant to be administered to the bottom of a callus rather than the entire foot and ankle area, and she says it only was to be left on the callus for three minutes or less.
As a result, she says she suffered severe and permanent injuries.
“Ticknor is an innocent victim who in no way contributed to causing any injury to herself,” the complaint states. “There was nothing she could do to avoid or minimize any of the damages.”
She accuses the defendants of negligence and the defendant companies of vicarious liability.
Ticknor seeks compensatory damages for medical expenses, loss of income, loss of household services, pain and suffering, loss of enjoyment of life emotional distress and other damages. She also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
She is being represented by Douglas Miley of The Miley Legal Group in Clarksburg.
U.S. District Court for the Southern District of West Virginia case number 5:23-cv-00218