Woman claims sexual assault by hotel massage therapist. Defense verdict. Alameda County.
Summary
Client says the male massage therapist touched her inappropriately.
The Case
- Case Name: Jane Doe v. The Claremont Hotel & Spa, A Fairmont Hotel, et al.
- Court and Case Number: Alameda County Superior / RG18923197
- Date of Verdict or Judgment: Tuesday, November 08, 2022
- Date Action was Filed: Thursday, September 27, 2018
- Type of Case: Civil Rights, Sexual Battery
- Judge or Arbitrator(s): Hon. Richard Seabolt
-
Plaintiffs: Jane Doe
-
Defendants: Accor Hotels & Resorts (Maryland) LLCClaremont Hotel Properties, LLCFHR Claremont Hotel Management Company, LLC
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: Defense verdict
- Trial or Arbitration Time: 17 days
- Jury Deliberation Time: 4 hours
- Jury Polls: 11-1
- Post Trial Motions & Post-Verdict Settlements: Defendants will be seeking recovery of costs and expert fees.
The Attorneys
-
Attorney for the Plaintiff:
California Civil Rights Law Group by Larry Organ, San Anselmo.
Fiore Achermann, A Law Corporation by Jennifer Fiore, San Francisco.
-
Attorney for the Defendant:
Freeman Mathis & Gary, LLP by Sharon C. Collier, Walnut Creek.
Bonjour, Thorman, Burns & Dahm by Emily Dahm, Pleasanton.
The Experts
-
Plaintiff’s Medical Expert(s):
Anthony Reading, Ph.D., psychology.
-
Defendant's Medical Expert(s):
Joanna Berg, Ph.D., psychology.
-
Plaintiff's Technical Expert(s):
Felicia Brown, massage therapy.
-
Defendant's Technical Expert(s):
Heidi Roth, massage therapy.
Facts and Background
-
Facts and Background:
Plaintiff claimed she was sexually assaulted at the Claremont Club & Spa during a massage on December 30, 2017. She sued the massage therapist, his employer, the hotel and spa owner, and the hotel and spa operator.
-
Plaintiff's Contentions:
That the massage therapist intentionally and/or negligently touched plaintiff's breasts during the massage and that she had to remove his hands from her breasts.
-
Defendant's Contentions:
Defendants denied that the massage therapist engaged in any misconduct.
Injuries and Other Damages
-
Physical Injuries claimed by Plaintiff:
Severe past and future emotional distress.
Special Damages
- Special Damages Claimed - Past Medical: $0
- Special Damages Claimed - Future Medical: $0
- Special Damages Claimed - Past Lost Earnings: $0
- Special Damages Claimed - Future Lost Earnings: $0
Additional Notes
This was a Zoom jury trial. Plaintiff claimed severe emotional distress. The jury returned a complete defense verdict. Defendants beat their CCP 998 offer.