Sally decided that she wanted to make some changes in her life, starting with her hair. She called up her stylist and said that she wanted to have her hair dyed purple, but that she was nervous about doing so, as she had never colored her hair and had heard some horror stories about others who had their hair dyed and ended up with bad results. Sally’s stylist reassured her that she was an expert who colors her clients’ hair all the time. Sally came in and rather than her stylist testing out on a small patch of hair to see if it there were any problems or unanticipated reactions, the stylist poured the dye over Sally’s entire head. Sally woke up the next morning and quickly realized that all of her hair had fallen out and that she was now completely bald. She was traumatized both physically and mentally, and was unable to go to work for two months.

1. What elements/tests must Sally establish to establish a negligence claim?

2. How should those elements/tests be applied to the facts of Sally’s case in order to convince the Judge that Sally should win?

3. What categories of damages should Sally seek and on what basis?