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Judge tosses bar-code scanner suit

ERIE, Pa., April 14 (UPI) -- A judge in Pennsylvania Wednesday dismissed a lawsuit brought on behalf of a girl claiming she was hurt by a bar-code scanner at a convenience store.

Erie County Judge Ernest J. DiSantis Jr. ruled in favor of a motion by Country Fair Inc. to dismiss the suit because the plaintiffs had failed to prove their case, the Erie Times-News reported. The trial had started Monday.

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Dominica Juliano and her guardian, Ginnisue Juliano, claimed a clerk at a Country Fair store in Erie waved the hand-held scanner over the girl's face during a June 2004 visit to try to get her to smile. The lawsuit claimed Dominica, who was 12 at the time, suffered facial burns that led to serious psychological problems, the newspaper said.

Country Fair attorney Bruce Decker maintained the scanner could not have caused the injuries because it is an LED light and not a laser.

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