Howard Ex Rel. Howard v. Cherry Hills Cutters, Inc.

ORDER ON DEFENDANTS’ MOTION TO DISMISS OR FOR SUMMARY JUDGMENT

KANE, Senior District Judge.

Rachel Howard is a young girl with a genetic disorder known as cri du chat. Symptoms of the disorder include uncontrolled movement and a plaintive cat-like cry.

This action arises out of an incident that occurred when Rachel went to defendant Cherry Hills Cutters (CCC) for a haircut. Plaintiff Scott Howard, Rachel’s father, filed suit after learning from Rachel’s babysitter that CCC employee Carol Wolf had “grabbed” Rachel and, while Rachel was screaming, forcibly held her head between her knees so her…