Pennsylvania Judge Tosses Burned-by-Price-Scanner Suit

April 22, 2010

An Erie County, Pennsylvania judge has thrown out a lawsuit filed by the guardian of a 12-year-old girl who claimed the girl was burned and traumatized when a convenience store clerk allegedly aimed a hand-held price scanner at her face.

Judge Ernest DeSantis Jr. ruled in favor of the Country Fair store in Erie, after its attorney argued that the plaintiff failed to make a case on Wednesday.

Dominica Juliano was 12 when she and her grandmother entered the store in June 2004. A clerk allegedly called the girl “grumpy” before flashing her in the face and telling her to smile.

Juliano and her guardian claimed the girl was sensitive to light, burned and developed psychological problems as a result.

The store’s attorney says that’s not possible because the scanner uses a harmless LED light.

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