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 Action: Civil Rights, Sexual Battery
Judge or Arbitrator(s): Hon. Richard Seabolt
Plaintiffs:
Jane Doe
Defendants:
Accor Hotels & Resorts (Maryland) LLC
Claremont Hotel Properties, LLC
FHR 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.

Disclaimer

This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.