Turn That Frown Upside Down

An Erie girl who claimed her face was burned by a hand-held bar-code scanner got to present her case to a jury.

That was as far as she got.

The jury never deliberated.

Erie County Judge Ernest J. DiSantis Jr. threw out the civil case for lack of evidence on Wednesday.
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 Dominica and her mother, Ginnisue Juliano, claimed in the suit that a store clerk called Dominica "grumpy" and tried to get her to smile by lightly waving the scanner over the girl's face.

They claimed Dominica is sensitive to light, and that she suffered burns to her face and lower eyelashes and, later, severe psychological problems, including post-traumatic stress and Tourette's syndromes.

Decker argued that Country Fair was not at fault. He said the scanner is an LED light and not a laser, and it could not have caused the injuries.