LEGAL NOICE
STATE OF MICHIGAN...
LEGAL NOICE
STATE OF MICHIGAN...
LEGAL NOICE
STATE OF MICHIGAN
IN THE CIRCUIT COURT FOT THE COUNTY OF GRAND TRAVERSE
CHELSEA SMITH
Plaintiff,
v.Case No. 25-37768-NO
Hon. Charles M. Hamlyn
7 DAYS SPA, LLC, a
Domestic Limited Liability Company,
Defendant
Alexander J. Kassab (P78221)
The Sam Bernstein Law Firm, PLLC
Attorneys for Plaintiff
31440 Northwestern Highway, Suite 333
Farmington Hills, MI 48334
Fax: 248-737-4392
Phone: 248-538-3126
akassab@sambernstein.com
llyons@sambernstein.com
There is no other civil action between these parties arising out of the same transaction or occurrence as alleged in this Complaint pending in this Court, nor has any such action been previously filed and dismissed or transferred after having been assigned to a judge, nor do I know of any other civil action not between these parties, arising out of the same transaction or occurrence as alleged in this Complaint that is either pending or was previously filed and dismissed, transferred, or otherwise disposed of after having been assigned to a judge in this Court.
COMPLAINT AND JURY DEMAND
NOW COMES the Plaintiff, CHELSEA SMITH, by and through her attorneys, THE SAM BERNSTEIN LAW FIRM, PLLC, by ALEXANDER J. KASSAB, and for her cause of action against Defendant, 7 DAYS SPA, LLC, respectfully states unto this Honorable Court as follows:
COMMON ALLEGATIONS
1.That Plaintiff, CHELSEA SMITH, is a resident of the City of Copemish, County of Manistee, State of Michigan.
2. That Defendant, T DAYS SPA, LLC, is a Domestic Limited Liability Company, registered with the Michigan Department of Licensing and Regulatory Affairs, conducts business within the City of Traverse City, County of Grand Traverse, State of Michigan, and whose resident agent with the State of Michigan is Shijun Hu located at 739 Woodmere Avenue, Traverse City, MI 49686.
3. That all the acts, transactions and occurrences set forth in this Complaint arose in the City of Traverse City, County of Grand Traverse, State of Michigan.
4. That the amount in controversy in this litigation exceeds the sum of Twenty-Five Thousand (S25,000.00) Dollars exclusive of costs, interest and attorney fees.
COUNT I- NECLIGENCE AGAINST DEFENDANT 7 DAYS SPA LLC
5. That Plaintiff hereby adopts and incorporates by reference each and every allegation contained in the Common Allegations of this Complaint as if more specifically set forth herein, word for word and paragraph by paragraph.
6. That on or about February 27,2025, Defendant, 7 DAYS SPA, LLC, was then and there the owner, operator, manager, and/or in control of the premises located at 739 Woodmere Avenue in the City of Traverse City, County of Grand Traverse, State of Michigan, being operated as a day spa.
7. That on the aforementioned date, Plaintiff. CHELSEA SMITH, was a business invitee, lawfully upon the aforedescribed premises being operated as a day spa, and while receiving a full body massage. did suffer injury to her right wrist and hand due to the dangerous conditions then and there existing, to wit: massage therapist snapping Plaintiff's arm down during massage, causing injury.
8. That at all times relevant hereto, Defendant owed a duty to Plaintiff, who was lawfully upon the premises, to maintain its premises in a safe condition free from danger, to exercise reasonable care to diminish the hazards relating to the premises, and such duties further required that reasonable and appropriate measures, in light of existing and created circumstances, be taken to prevent dangerous conditions.
9. That at all times relevant hereto, Defendant's store operator, owner, and/or massage therapist owed a duty to Plaintiff lawfully proceeding upon the premises, to keep said premises in a safe condition, free from dangerous conditions then and there existing.
10. That at all times relevant hereto, Defendant's massage therapist owed a duty to Plaintiff to perform the massage safely, without undue strain on Plaintiffs body, in order to protect her from injury.
11. That in total disregard of such duties, the Defendant's store operator, owner, and/or massage therapist, at all times material herein, breached said duties in one or more of the following particulars, but not necessarily limited to, the following:
(a) Negligently, carelessly and recklessly creating a dangerous and hazardous condition to individuals who receive body massages;
(b) Negligently, carelessly and recklessly maintaining its premises in a dangerous condition when it was known, or should have been known that the particular uses of their property posed a propensity toward the formation of a hazardous and unsafe condition,
to wit: massage therapist snapping Plaintiffs arm down during massage, causing injury.
(c) Negligently, carelessly and recklessly increasing the hazard of receiving a massage on the premises by failing to correct said situation;
(d) Negligently, carelessly and recklessly failing to appropriately perform a full body massage, causing injury;
(e)Negligently, carelessly and recklessly maintaining a hazardous condition on the Defendant's premises;
(f)Negligently, carelessly and recklessly failing to provide Plaintiff with reasonable and sale means of a body massage at said day spa;
(g) Negligently, carelessly and recklessly failing to keep the premises and all common areas therein fit for foreseeable uses;
(h) Negligently, carelessly and recklessly failing to remove said defect after notice of the dangerous condition thereof;
Negligently, carelessly and recklessly failing to use reason able care to protect the Plaintiff and those like her from and against
the hazards described herein:
(j) Negligently, carelessly and recklessly allowing said massage therapists to lack understanding of massage therapy, and become,
and remain, unprofessional or incompetent;
(k) Negligently, carelessly and recklessly failing to properly train and employ massage therapists;
Negligently, carelessly and recklessly engaging in the practice of massage therapy when not properly licensed in violation
of MCL 3 33. 17957, et seq.;
(m) Negligently, carelessly and recklessly using excessive force during a massage and using inappropriate and dangerous techniques;
(n) Negligently, carelessly and recklessly failing to inspect said instrument(s) so as to discover a dangerous and/or unsanitary
condition of which Defendant knew, or had reason to know, existed;
(o) Negligently, carelessly and recklessly failing to alleviate a dangerous condition which Defendant knew, or had reason to know,
existed
(p) Negligently. carelessly and recklessly failing to warn Plaintiff and those like her of the dangerous condition then and there existing;
(q) In otherwise negligently, carelessly and recklessly failing to exert that degree of care, caution and diligence as would be demonstrated
by a reasonably prudent person under the same or similar circumstances, and in otherwise causing the injuries and damages to
Plaintiff as hereinafter alleged;
(r) Negligently, carelessly and recklessly being guilty of other acts of negligence currently unknown to Plaintiff, but which will be
ascertained through the discovery process.
That as a direct and proximate result of the negligent acts and/or omissions on the part of the Defendant, 7 DAYS SPA, LLC. Plaintiff
was caused to receive injury to her right wrist and hand, and to suffer severe, grievous and permanent personal injuries, disability and
damages, the full extent and character of which are currently unknown, but which will include, but are not necessarily limited to, the following:
(a) Injuries to and about the entire right hand, including closed minimally displaced fracture of the proximal third scaphoid bone of right wrist, necessitating surgical intervention in the form of open reduction internal fixation of right scaphoid with distal radius bone graft and PIN neurectomy, requiring pain medications, a plethora of other medical treatment and sequelae;
(b)Permanent scarring and disfigurement;
Various and diverse injuries to the extremities with all attendant injuries to bones, muscles, tissues, nerves, cartilages, ligaments and
tendons thereof:
(d) Pain, suffering, discomfort, disability, extreme physical and emotional suffering;
(e) Severe and continuing embarrassment. humiliation, anxiety, tension and mortification:
(f) Loss of the natural enjoyments of life;
(g) Expenditures for physicians, hospitals, medicinal things and substances;
And
(h) Loss of wages and/or earning capacity.
WHEREFORE, Plaintiff CHELSEA SMITH, prays that this Honorable Court award her damages against Defendant, 7 DAYS SPA, LLC, in whatever amount in excess of Twenty-Five Thousand ($25,000.00) Dollars to which she is found to be entitled to receive, together with costs, interest and
attorney fees.
Respectfully submitted,
THE SAM BERNSTEIN LAW FIRM. PLLC
Alexander J. Kassab (P78221)
The Sam Bernstein Law Firm, PLLC
Attorneys for Plaintiff
31440 Northwestern Highway, Suite 333
Farmington Hills, MI 48334
Fax: 248-737-4392
Phone: 248-538-3126
akassab@sambernstein.com
Dated: October 22, 2025llyons@sambernstein.com
February 13, 20, 27, 2026 – 3T 634104
LEGAL NOICE
STATE OF MICHIGAN
IN THE CIRCUIT COURT FOT THE COUNTY OF GRAND TRAVERSE
CHELSEA SMITH
Plaintiff,
v.Case No. 25-37768-NO
Hon. Charles M. Hamlyn
7 DAYS SPA, LLC, a
Domestic Limited Liability Company,
Defendant
Alexander J. Kassab (P78221)
The Sam Bernstein Law Firm, PLLC
Attorneys for Plaintiff
31440 Northwestern Highway, Suite 333
Farmington Hills, MI 48334
Fax: 248-737-4392
Phone: 248-538-3126
akassab@sambernstein.com
llyons@sambernstein.com
There is no other civil action between these parties arising out of the same transaction or occurrence as alleged in this Complaint pending in this Court, nor has any such action been previously filed and dismissed or transferred after having been assigned to a judge, nor do I know of any other civil action not between these parties, arising out of the same transaction or occurrence as alleged in this Complaint that is either pending or was previously filed and dismissed, transferred, or otherwise disposed of after having been assigned to a judge in this Court.
COMPLAINT AND JURY DEMAND
NOW COMES the Plaintiff, CHELSEA SMITH, by and through her attorneys, THE SAM BERNSTEIN LAW FIRM, PLLC, by ALEXANDER J. KASSAB, and for her cause of action against Defendant, 7 DAYS SPA, LLC, respectfully states unto this Honorable Court as follows:
COMMON ALLEGATIONS
1.That Plaintiff, CHELSEA SMITH, is a resident of the City of Copemish, County of Manistee, State of Michigan.
2. That Defendant, T DAYS SPA, LLC, is a Domestic Limited Liability Company, registered with the Michigan Department of Licensing and Regulatory Affairs, conducts business within the City of Traverse City, County of Grand Traverse, State of Michigan, and whose resident agent with the State of Michigan is Shijun Hu located at 739 Woodmere Avenue, Traverse City, MI 49686.
3. That all the acts, transactions and occurrences set forth in this Complaint arose in the City of Traverse City, County of Grand Traverse, State of Michigan.
4. That the amount in controversy in this litigation exceeds the sum of Twenty-Five Thousand (S25,000.00) Dollars exclusive of costs, interest and attorney fees.
COUNT I- NECLIGENCE AGAINST DEFENDANT 7 DAYS SPA LLC
5. That Plaintiff hereby adopts and incorporates by reference each and every allegation contained in the Common Allegations of this Complaint as if more specifically set forth herein, word for word and paragraph by paragraph.
6. That on or about February 27,2025, Defendant, 7 DAYS SPA, LLC, was then and there the owner, operator, manager, and/or in control of the premises located at 739 Woodmere Avenue in the City of Traverse City, County of Grand Traverse, State of Michigan, being operated as a day spa.
7. That on the aforementioned date, Plaintiff. CHELSEA SMITH, was a business invitee, lawfully upon the aforedescribed premises being operated as a day spa, and while receiving a full body massage. did suffer injury to her right wrist and hand due to the dangerous conditions then and there existing, to wit: massage therapist snapping Plaintiff's arm down during massage, causing injury.
8. That at all times relevant hereto, Defendant owed a duty to Plaintiff, who was lawfully upon the premises, to maintain its premises in a safe condition free from danger, to exercise reasonable care to diminish the hazards relating to the premises, and such duties further required that reasonable and appropriate measures, in light of existing and created circumstances, be taken to prevent dangerous conditions.
9. That at all times relevant hereto, Defendant's store operator, owner, and/or massage therapist owed a duty to Plaintiff lawfully proceeding upon the premises, to keep said premises in a safe condition, free from dangerous conditions then and there existing.
10. That at all times relevant hereto, Defendant's massage therapist owed a duty to Plaintiff to perform the massage safely, without undue strain on Plaintiffs body, in order to protect her from injury.
11. That in total disregard of such duties, the Defendant's store operator, owner, and/or massage therapist, at all times material herein, breached said duties in one or more of the following particulars, but not necessarily limited to, the following:
(a) Negligently, carelessly and recklessly creating a dangerous and hazardous condition to individuals who receive body massages;
(b) Negligently, carelessly and recklessly maintaining its premises in a dangerous condition when it was known, or should have been known that the particular uses of their property posed a propensity toward the formation of a hazardous and unsafe condition,
to wit: massage therapist snapping Plaintiffs arm down during massage, causing injury.
(c) Negligently, carelessly and recklessly increasing the hazard of receiving a massage on the premises by failing to correct said situation;
(d) Negligently, carelessly and recklessly failing to appropriately perform a full body massage, causing injury;
(e)Negligently, carelessly and recklessly maintaining a hazardous condition on the Defendant's premises;
(f)Negligently, carelessly and recklessly failing to provide Plaintiff with reasonable and sale means of a body massage at said day spa;
(g) Negligently, carelessly and recklessly failing to keep the premises and all common areas therein fit for foreseeable uses;
(h) Negligently, carelessly and recklessly failing to remove said defect after notice of the dangerous condition thereof;
Negligently, carelessly and recklessly failing to use reason able care to protect the Plaintiff and those like her from and against
the hazards described herein:
(j) Negligently, carelessly and recklessly allowing said massage therapists to lack understanding of massage therapy, and become,
and remain, unprofessional or incompetent;
(k) Negligently, carelessly and recklessly failing to properly train and employ massage therapists;
Negligently, carelessly and recklessly engaging in the practice of massage therapy when not properly licensed in violation
of MCL 3 33. 17957, et seq.;
(m) Negligently, carelessly and recklessly using excessive force during a massage and using inappropriate and dangerous techniques;
(n) Negligently, carelessly and recklessly failing to inspect said instrument(s) so as to discover a dangerous and/or unsanitary
condition of which Defendant knew, or had reason to know, existed;
(o) Negligently, carelessly and recklessly failing to alleviate a dangerous condition which Defendant knew, or had reason to know,
existed
(p) Negligently. carelessly and recklessly failing to warn Plaintiff and those like her of the dangerous condition then and there existing;
(q) In otherwise negligently, carelessly and recklessly failing to exert that degree of care, caution and diligence as would be demonstrated
by a reasonably prudent person under the same or similar circumstances, and in otherwise causing the injuries and damages to
Plaintiff as hereinafter alleged;
(r) Negligently, carelessly and recklessly being guilty of other acts of negligence currently unknown to Plaintiff, but which will be
ascertained through the discovery process.
That as a direct and proximate result of the negligent acts and/or omissions on the part of the Defendant, 7 DAYS SPA, LLC. Plaintiff
was caused to receive injury to her right wrist and hand, and to suffer severe, grievous and permanent personal injuries, disability and
damages, the full extent and character of which are currently unknown, but which will include, but are not necessarily limited to, the following:
(a) Injuries to and about the entire right hand, including closed minimally displaced fracture of the proximal third scaphoid bone of right wrist, necessitating surgical intervention in the form of open reduction internal fixation of right scaphoid with distal radius bone graft and PIN neurectomy, requiring pain medications, a plethora of other medical treatment and sequelae;
(b)Permanent scarring and disfigurement;
Various and diverse injuries to the extremities with all attendant injuries to bones, muscles, tissues, nerves, cartilages, ligaments and
tendons thereof:
(d) Pain, suffering, discomfort, disability, extreme physical and emotional suffering;
(e) Severe and continuing embarrassment. humiliation, anxiety, tension and mortification:
(f) Loss of the natural enjoyments of life;
(g) Expenditures for physicians, hospitals, medicinal things and substances;
And
(h) Loss of wages and/or earning capacity.
WHEREFORE, Plaintiff CHELSEA SMITH, prays that this Honorable Court award her damages against Defendant, 7 DAYS SPA, LLC, in whatever amount in excess of Twenty-Five Thousand ($25,000.00) Dollars to which she is found to be entitled to receive, together with costs, interest and
attorney fees.
Respectfully submitted,
THE SAM BERNSTEIN LAW FIRM. PLLC
Alexander J. Kassab (P78221)
The Sam Bernstein Law Firm, PLLC
Attorneys for Plaintiff
31440 Northwestern Highway, Suite 333
Farmington Hills, MI 48334
Fax: 248-737-4392
Phone: 248-538-3126
akassab@sambernstein.com
Dated: October 22, 2025llyons@sambernstein.com
February 13, 20, 27, 2026 – 3T 634104
Posted Online 8 hours ago
