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Washington Twp. woman sues mall store for hearing loss

By Christopher Magan

Staff Writer

Tuesday, August 05, 2008

XENIA — A Washington Twp. woman claims she went into Banana Republic at the Mall at Fairfield Commons to try on a leather jacket and came out with a hearing loss from the security device.

Carol Presno, 1911 Washington N. Drive, has filed a civil lawsuit in Greene County Common Pleas Court claiming she suffered inner ear damage and "bilateral tinnitus," or high-pitched ringing in her ears, since the alarm went off Nov. 7, 2006.

Presno claims when she tried on a leather jacket fitted with a anti-theft tag manufactured by Protext International, of Bohemia, N.Y., the clerk tried to remove the tag. The lawsuit says that's when the device activated and the clerk could not shut it off.

The device emitted a high pitched sound just feet from where Presno stood for about two minutes, the lawsuit claims.

Presno said Banana Republic, Protext International and the female clerk, named only as Jane Doe, are liable for the damage to her hearing. She is seeking more than $125,000 in damages.

Presno suffered: "...emotional and psychological trauma due to acoustic trauma, and great physical and mental anguish caused by the exposure to the excessive and damaging noise emitted from the alarm at Banana Republic," the lawsuit claims.

Both Banana Republic and Protex International representatives refused comment. Neither Presno nor her attorneys could be reached for comment.

Contact the reporter at (937) 225-2342 or cmagan@DaytonDailyNews.com

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