Filing # 42236627 E-Filed 06/02/2016 11:49:44 AM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
ASTRID EBNER,

CASE NO.:

Plaintiff,
vs.
DR. GOPAL BASISHT; GOPAL
& SAROJ BASHISHT, M.D., P.A., and
GOPAL & SAROJ BASISHT, PTR,
Defendants.
________/

COMPLAINT
Plaintiff, ASTRID EBNER, by and through her undersigned counsel, brings this Complaint
against Defendants, DR. GOPAL BASISHT, GOPAL & SAROJ BASISHT, M.D., P.A., and
GOPAL & SAROJ BASISHT, PTR, and states as follows:
INTRODUCTION
1.

This is an action arising from the uninvited sexual touching of ASTRID EBNER

(hereinafter “EBNER”) and other lewd behavior by her rheumatologist DR. GOPAL BASISHT
(hereinafter “DR. BASISHT”) while she was at medical appointments with DR. BASISHT at the
medical office of GOPAL & SAROJ BASISHT, M.D., P.A. (“BASISHT, P.A.”) and GOPAL &
SAROJ BASISHT, PTR (“BASISHT PTR”), located at 1300 Edgewater Drive, Orlando, Florida.
JURISDICTION AND PARTIES
2.

Plaintiff, ASTRID EBNER, is an adult female who is a citizen and resident of the

State of Florida.
3.

Defendant, DR. BASISHT, was at all material times a physician who was licensed

and practicing medicine in Florida as a rheumatologist. He is a citizen and resident of the State of
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 Florida. At all material times, DR. BASISHT was employed as a physician by BASISHT, P.A.
and as a partner in the medical practice BASISHT PTR.
4.

BASISHT, P.A. is a for-profit Florida corporation with a principal place of business

of 1300 Edgewater Drive, Orlando, Florida. BASISHT PTR is partnership registered to do
business in the State of Florida with a principal place of business of 1300 Edgewater Drive,
Orlando, Florida.
5.

This Court has jurisdiction in that the Plaintiff in this lawsuit seeks monetary

damages far exceeding the jurisdictional minimum of this Court of $15,000.00, exclusive of
interest, costs, and attorney’s fees.
6.

Venue properly lies in this judicial circuit in that the sexual misconduct and other

tortious acts that are the subject of this lawsuit were committed at the medical office located at
1300 Edgewater Drive, Orlando, Florida.
7.

The tortious conduct alleged herein did not arise out of any medical diagnosis,

treatment or care of Plaintiff or even the guise of medical treatment or care.

FACTUAL ALLEGATIONS
8.

On June 5, 2012, EBNER, a fifty-five year old female, went to the offices of

BASISHT, P.A. and BASISHT PTR to receive medical treatment from DR. BASISHT as a referral
from her primary care physician. EBNER’s primary complaint was lower back pain.
9.

EBENER was not directed to disrobe before her examination. She was directed to

a patient room where she was alone with DR. BASISHT. While she was laying on the examination
table, DR. BASISHT directed EBNER to unzip her pants.
BASISHT’s directives.

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EBNER complied with DR.

 10.

DR. BASISHT suddenly and unexpectedly put his hand inside EBNER’s

undergarments and touched the area on and around EBNER’s vagina. DR. BASISHT then
penetrated EBNER’s vagina with his finger and put his fingers up to his nose. There were no
nurses present.
11.

EBNER did not invite, induce, ratify, implicitly consent, or comply with this sexual

contact. To the contrary, EBNER was mortified and in shock at DR. BASISHT’s actions. EBNER
felt paralyzed and in disbelief at this violation by her doctor.
12.

DR. BASISHT’s sexual misconduct did not arise out of any diagnosis, treatment or

care of Plaintiff or even the guise of medical care. There was no medical rationale for DR.
BASISHT to touch EBNER’s vaginal area.
13.

DR. BASISHT initiated unwanted sexual contact with other female patients in the

same manner that he engaged in sexual misconduct with EBNER.

COUNT I
BATTERY
(AGAINST DEFENDANT DR. GOPAL BASISHT)
Plaintiff repeats and re-alleges Paragraphs 1 through 13 above.
14.

DR. BASISHT committed a battery upon ASTRID EBNER consisting of

intentional, harmful, unwanted and offensive sexual contact upon her vaginal area.
15.

As a direct and proximate cause of the foregoing, ASTRID EBNER has suffered

psychological, emotional, and physical injuries, emotional distress, mental anguish, pain and
suffering and the loss of enjoyment of life.
WHEREFORE, Plaintiff, ASTRID EBNER, demands judgment against Defendant, DR.
BASISHT, for compensatory damages, costs and such other and further relief as this Court deems
proper.
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 COUNT II
RESPONDEAT SUPERIOR / VICARIOUS LIABILITY
(AGAINST DEFENDANTS GOPAL & SAROJ BASISHT,
M.D. P.A. and GOPAL & SAROJ BASISHT, PTR)
Plaintiff repeats and re-alleges Paragraphs 1 through 13 above.
16.

DR. BASISHT was at all material times a paid employee and agent of BASISHT,

P.A. and BASISHT PTR.
17.

BASISHT, P.A. and BASISHT PTR authorized DR. ALNGU to be alone with

ASTRID EBNER and other female patients, and to have unfettered and unsupervised control,
access to and physical contact with EBNER while EBNER was at its office for medical
appointments.
18.

DR. BASISHT’s acts of battery and offensive touching upon EBNER were initiated

and took place within the course, time, and scope of DR. BASISHT’s performance of those duties.
The acts occurred in a patient room where DR. BASISHT was required to perform his employment
duties by BASISHT, P.A. and BASISHT PTR.
19.

DR. BASISHT’s actions occurred during normal working hours while he was there

to examine a patient at BASISHT, P.A. and BASISHT PTR on behalf of the medical practices.
20.

DR. BASISHT’s contact and relationship with EBNER was at all times in

furtherance of BASISHT, P.A. and BASISHT PTR’s business interests.
21.

DR. BASISHT was authorized to make bodily contact with Plaintiff.

DR.

BASISHT’s actions were committed in the actual or apparent course and scope of his employment
and his sexual misconduct was ratified by BASISHT, P.A. and BASISHT PTR.
22.

DR. BASISHT’s wrongful acts were committed while DR. BASISHT was doing

what his employment or agency contemplated. DR. BASISHT extended and converted his
authorized medical touching of Plaintiff’s body into the sexual contact with Plaintiff.
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 23.

DR. BASISHT was aided in accomplishing the tort upon Plaintiff by the existence

of his agency relationship with BASISHT, P.A. and BASISHT PTR. Specifically, DR. BASISHT
used the professional authority actually delegated to him by BASISHT, P.A. and BASISHT PTR
to make physical contact with Plaintiff while she was alone with him seeking professional
treatment. She was in this vulnerable position with DR. BASISHT precisely because of DR.
BASISHT’s agency relationship with BASISHT, P.A. and BASISHT PTR.
24.

Under the doctrine of respondeat superior, BASISHT, P.A. and BASISHT PTR are

responsible for the actions of their servant, partner and/or agent, DR. BASISHT, committed in the
actual or apparent scope of his duties.
25.

As a direct and proximate cause of the foregoing, ASTRID EBNER has suffered

psychological, emotional, and physical injuries, emotional distress, mental anguish, pain and
suffering and the loss of enjoyment of life.
WHEREFORE, Plaintiff, ASTRID EBNER demands judgment against Defendants,
GOPAL & SAROJ BASISHT, M.D. P.A. and GOPAL & SAROJ BASISHT, PTR for
compensatory damages, costs and such other and further relief as this Court deems just and proper.

COUNT III
DIRECT LIABILITY
(AGAINST DEFENDANTS GOPAL & SAROJ BASISHT,
M.D. P.A. and GOPAL & SAROJ BASISHT, PTR)
Plaintiff repeats and re-alleges Paragraphs 1 through 13 above.
26.

At all relevant times, DR. BASISHT was a managing agent and officer of GOPAL

& SAROJ BASISHT, M.D. P.A. and a managing partner in GOPAL & SAROJ BASISHT, PTR
with responsibility for the conduct and operations of the medical practice.

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 27.

By virtue of DR. BASISHT’s position as a managing agent and partner who defined

his own role within BASISHT, P.A. and BASISHT PTR., the acts of DR. BASISHT are
indistinguishable from the acts of BASISHT, P.A. and BASISHT PTR.
28.

By virtue of DR. BASISHT’s position as a managing agent, DR. BASISHT was

able to commit acts of battery upon EBNER.
29.

BASISHT, P.A. and BASISHT PTR are directly liable for the intentional torts

committed by their managing agent, DR. BASISHT, by virtue of his position.
30.

As a direct and proximate cause of the sexual misconduct committed by DR.

BASISHT and by virtue of his status as managing agent, EBNER has suffered psychological,
emotional, and physical injuries, emotional distress, mental anguish, pain and suffering and the
loss of enjoyment of life.
WHEREFORE, Plaintiff, ASTRID EBNER demands judgment against Defendants,
GOPAL & SAROJ BASISHT, M.D. P.A. and GOPAL & SAROJ BASISHT, PTR for
compensatory damages, costs and such other and further relief as this Court deems just and proper.

JURY TRIAL DEMAND

Plaintiff demands a trial by jury and all issues so triable as a matter of right.

CERTIFICATE RE: E-FILING AND E-SERVICE

I HEREBY CERTIFY that this Complaint was filed electronically in compliance with
Florida Rules of Judicial Administration 2.515 and 2.516(e).

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 I FURTHER CERTIFY for purposes of service of any documents after initial process that
staff.efile@pathtojustice.com is primary, adam@pathtojustice.com and amy@pathtojustice.com
are secondary.

Dated: June 2, 2016.

FARMER, JAFFE, WEISSING,
EDWARDS, FISTOS & LEHRMAN, P.L.
Attorneys for Plaintiff
425 North Andrews Avenue, Suite 2
FORT LAUDERDALE, FL 33301
(954)524-2820 TELEPHONE
(954)524-2822 Fax

BY:

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/s/ Adam D. Horowitz
ADAM D. HOROWITZ
Florida Bar No.: 376980