Our client was a patient at a chiropractic and integrated medical facility who was referred for massage therapy as part of her treatment. During a session with a massage therapist employed by the facility, the therapist used the guise of treatment to sexually batter her -- sliding his hand beneath her clothing and making unwanted contact with her private areas. She immediately stopped the session, left the facility, and reported what had happened. The therapist was later arrested following a separate incident in which his conduct was captured on video by another victim. Mausner Group pursued the facility and its insurer. The case settled for $450,000.
Florida law imposes liability on employers who place unfit individuals in positions where they have access to vulnerable people. A massage therapist working in a medical facility has unsupervised physical contact with patients -- a position of significant trust that requires proper screening and ongoing supervision. The facility's failure to ensure its therapist was fit for that role, and its failure to monitor his conduct with patients, established clear liability under negligent hiring and supervision theories. The therapist's subsequent arrest following conduct documented by another victim provided powerful corroboration that this was a pattern of behavior the facility either knew about or should have known about through proper oversight.
