IN THE STATE COURT OF EFFINGHAM COUNTY FILED For~ RECOHD
STATE OF GEORGIA
JANE DOE,

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Plaintiff,
vs.
USA GYMNASTICS, INC d/b/a
USA GYMNASTICS,
SAVANNAH METRO, INC., and
WILLIAM A. MCCABE
Defendants.

ZOI5APR21 PM 1:33
CIVIL ACTION FILE NO.ELl~~/~~~THr. Z. l~URSEY
CLEnK L.c.c.s.c.
ST13CV058RT

AMENDED COMPLAINT
NOW COMES Jane Doe, Plaintiff in the above-styled civil action, by and through her
attorney, and files her Complaint for damages against Defendant as follows:

PARTIES
1.

Plaintiff herein is a resident and citizen of the State of Georgia and at all times

referenced herein resided in Effingham County, Georgia. Plaintiff brings suit herein under the
pseudonym Jane Doe in light of the unusually sensitive nature of the allegations contained herein
and if she were to be specifically identified would subject the Plaintiff to undue additional harm.
2.

Upon information

and

belief Defendant USA

Gymnastics,

Inc.

d/b/a

USAG("USAG") is, and at all times mentioned herein was a Texas Corporation, with its
principal place of business located in Indianapolis, Indiana. USAG is the National Governing
Body for the sport of gymnastics in the United States. At all times herein USAG was conducting
business in Effingham County, Georgia. USAG can be served through its registered agent 132 E
Washing Street, Suite 700, Indianapolis, IN 46204.

 3.

Upon information and belief Defendant Savannah Metro, Inc. ("Savannah

Metro") at all times mentioned herein was a Georgia Corporation, with its principal place of
business located in Effingham County, Georgia. Savannah Metro operated as gymnastics facility.
Savannah Metro can be served through its registered agent William A McCabe Inmate# 12753021 incarcerated at FCI Fort Dix, Federal Correctional Institution, 5756 Hartford & Pointville
Road Fort Dix, NJ 08640.
4.

Upon information and belief William A. McCabe ("McCabe") at all times herein

was a citizen and resident of Effingham County, Georgia. McCabe was the owner and operator
of Savannah Metro and was a registered coach in "good standing" with USAG. McCabe was a
coaching member of USAG and was governed by rules and regulations promulgated by USA
Gymnastics. McCabe can be served as Inmate# 12753-021 at FCI Fort Dix, Federal Correctional
-Institution, 5756 Hartford & Pointville Road Fort Dix, NJ 08640.
5.

Jurisdiction and venue are proper in this Court.

6.

Plaintiff hereby demands a jury trial on all allegations contained herein.
FACTUAL ALLEGATIONS

7.

At all times hereto, Plaintiff was an under aged minor female athlete member of

defendants USAG and Savannah Metro.
8.

McCabe operated Savannah Metro as a member coach in good standing with

USAG in Rincon, Georgia in the County of Effingham.
9.

Defendant USAG is the National Governing body for the sport of gymnastics.

USAG is responsible for the administration of gymnastics in the United States. In its capacity as
the governing authority it implements, formulates and enforces rules, policies, and procedures
for member coaches, member clubs, and member athletes throughout the United States.

 10.

At all times hereto Savannah Metro fielded a competition level gymnastics team

that participated in USAG sanctioned meets and competitions pursuant to the rules and
procedures of USAG.
11.

Upon information and belief USAG requires member coaches and athletes to pay

membership fees and abide by its' policies and procedures.
12.

Upon information and belief USAG can enforce its policies and procedures by

prohibiting participation in sanctioned events and the Olympics, and by banning coaches and
athletes from membership in USAG.
13.

USAG became aware of sexual misconduct by McCabe as early as 1998 when

USAG received information from several different sources about McCabe's inappropriate sexual
behavior towards minors and other young women. In direct contradiction ofUSAG's written and
oral policies, rules and· regulations, USAG failed to properly investigate or take any action
against McCabe and continued to allow him to participate in sanctioned events and maintain his
status as a coach in good standing with USAG. Until after his arrest in 2006, USAG's actions of
keeping McCabe listed as a coach in "good standing", provided McCabe access to Plaintiff and
other victims and provided McCabe the opportunity to engage in sexually inappropriate conduct
with the Plaintiff.
14.

Plaintiff began training at Savannah Metro when Plaintiff was approximately 8

years old.
15.

Defendant McCabe became Plaintiffs gymnastics coach and held this position of

trust and confidence until his arrest.in 2006.
16.

In the latter part of 2005, Defendant McCabe contacted Plaintiff through email

and instant messages.

Many of these communications were sexual in nature, including

 Defendant's request to Plaintiff to massage herself in her private areas.

Defendant also

forwarded to Plaintiff photographs of a female's nude breast and vagina.
17.

During this period of time when Plaintiff was a USAG member athlete training at

Savannah Metro gym, Defendant McCabe surreptitiously videotaped Plaintiff in various states of
undress, including the videotaping of Plaintiffs genitals and pubic area. Defendant imported
these videos to his computer and saved them in files on his computer making Plaintiff the object
of child pornography.
18.

Defendant knowingly and intentionally forwarded from his computer to other

persons copies of nude videos and photographs of the Plaintiff as the object of child
pornography.
19.

Before McCabe committed his acts of sexually inappropriate conduct toward the

Plaintiff, Plaintiffs mother received some undated documents from an anonymous source which
contained various allegations about McCabe.
20.

In an effort to verify the substance of the allegations contained in the. documents,

Plaintiffs mother contacted USAG at its national headquarters in Indianapolis Indiana.
21.

During the telephone call, Plaintiffs mother spoke with an employee or agent of

USAG and informed USAG about the information contained in the documents.
22;

In her effort to verify the truthfulness of the information contained in the

documents, the Plaintiffs mother specifically asked if USAG had received any complaints
against McCabe.
23.

USAG, by and through its' employees and or agents, responded to Plaintiffs

mother's question untruthfully and informed her mother that USAG did not have any complaints
against McCabe and assured her that McCabe was a member in good standing.

 24.

After her contact with USAG, the Plaintiffs mother confronted McCabe about the

documents and was assured by McCabe that none of the information was true.
25.

In reliance on USAG's false and misleading representations about McCabe,

Plaintiffs mother allowed the Plaintiff to continue training with McCabe. Her reliance on
USAG' s false and misleading statements caused and contributed to the Plaintiffs injuries.
26.

Defendant McCabe's criminal, inappropriate sexual conduct towards Plaintiff

including, but not limited to sexual harassment, sexual misconduct, and sexual abuse culminating
in inappropriate sexual conduct occurred during the coach/athlete relationship and occurred
during practice, meets, exhibitions, and other competitions supervised and/or sanctioned by
Savannah Metro and USAG.
COUNTl
ASSAULT AND BATTERY
(MCCABE)

27.

The averments contained in the paragraphs above are incorporated herein by

reference as though fully set forth in this Count.
28.

Defendant McCabe committed acts of inappropriate sexual conduct towards

Plaintiffs body including, but not limited to, sexual harassment, sexual misconduct, and sexual
abuse culminating in inappropriate sexual contact.
29.

As a direct and proximate result of the above referenced acts, Plaintiff has

suffered and continues to suffer economic and non-economic damages including, but not limited
to, medical, psychological, counseling and related expenses, physical injury and pain of mind
and body, shock, emotional distress, physical manifestations of emotional distress,
embarrassment, loss of self-esteem, humiliation, loss of enjoyment of life, damage to reputation,

 and other damages as yet undetermined, and Plaintiff is reasonably expected to suffer from such
damages in the future.
30.

Defendant McCabe's actions were outrageous, intentional, willful, wanton and or

reckless, and constitute a specific intent to harm the Plaintiff for which punitive damages are
warranted in an amount that will punish and deter him and others from like conduct.
COUNT2
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
(MCCABE)

31.

The averments contained in the paragraphs above are incorporated herein by

reference as though fully set forth in this Count.
32.

Defendant McCabe committed acts of inappropriate sexual conduct towards

Plaintiffs body including, but not limited to, sexual harassment, sexual misconduct, and sexual
abuse culminating in inappropriate sexual contact and severe emotional distress.
33.

As a direct and proximate result of the above referenced acts, Plaintiff has

suffered and continues to suffer economic and non-economic damages including, but not limited
to, medical, psychological, counseling and related expenses, physical injury and pain of mind
and body, shock, emotional distress, physical manifestations of emotional distress,
embarrassment, loss of self-esteem, humiliation, loss of enjoyment of life, damage to reputation,
and other damages as yet undetermined, and Plaintiff is reasonably expected to suffer from such
damages in the future.
34.

Defendant McCabe's actions were outrageous, intentional, willful, wanton and or

reckless, and constitutes specific intent to harm for which punitive damages are warranted in an
amount that will punish and deter him and others from like conduct.

 COUNT3
NEGLIGENCE
(ALL DEFENDANTS)

35.

The averments contained in the paragraphs above are incorporated herein by

reference as though fully set forth in this Count.
36.

USAG, as a National Governing Body over Olympic Gymnastics, exercised

control over USAG professional member coaches including McCabe, by requiring that
professional member coaches follow all of USAG' s bylaws, ethics code, safety code and all
other rules , policies, procedures and regulations. USAG and McCabe had a duty including, but
not limited to, an obligation to comply with all of USAG's relevant rules, policies, procedures
and regulations.
37.

All Defendants had and/or voluntarily assumed a duty to protect Plaintiff as an

athlete member of Defendants Savannah Metro and USAG.
38.

It was foreseeable and known to Defendants Savannah Metro and USAG that

registered member coaches would use their power and authority over young female athlete
members including Plaintiff, to commit acts of inappropriate sexual conduct towards its member
athletes.
39.

USAG and knew or should have known that by failing to enforce its' own

policies, procedures and regulations that its member athletes, including Plaintiff, were at an
increased risk of harm and injury from acts of inappropriate sexual conduct by registered USAG
coaches including McCabe.
40.

USAG ratified McCabe's conduct by maintaining his coaching membership with

USAG after occurrences of sexual misconduct by McCabe were reported to USAG. These acts

 of sexual misconduct by McCabe against other gymnastic athletes were reported to USAG years
before the sexual misconduct occurred against the Plaintiff.
41.

Defendants breached their duty to keep the Plaintiff safe and to prevent and

protect Plaintiff from sexual predators like McCabe who were USAG member coaches by failing
to enforce its' own written and oral policies, procedures and regulations designed to protect
member athletes like the Plaintiff from the exact hann suffered by the Plaintiff.
42.

Defendant USAG, by and through their agents, servants and employees knew or

should have known of the danger McCabe posed to the Plaintiff as a member athlete of USAG.
USAG, and by failing to follow and enforce its' own written and oral policies, procedures and
regulations breached its' duty owed to the Plaintiff..
43.

As a direct and proximate result of the above referenced acts, Plaintiff has

suffered and continues to suffer economic and non-economic damages including, but not limited
to, medical, psychological, counseling and related expenses, physical injury and pain of mind
and body, shock, emotional distress, physical manifestations of emotional distress,
embarrassment; loss of self-esteem, humiliation, loss of enjoyment of life, damage to reputation,
and other damages as yet undetermined, and Plaintiff is reasonably expected to suffer from such
damages in the future.
44.

Defendant McCabe's actions were outrageous, intentional, willful, wanton and or

reckless, and constituted a specific intent to harm for which punitive damages are warranted in
an amount that will punish and deter him and others from like conduct.
COUNT4
NEGLIGENCE PER SE
(ASTOUSAG)

45.

The averments contained in the paragraphs above are incorporated herein by

 Reference as though fully set forth in this Count.
46.

USAG at all relevant times hereto is the National Governing Body for the sport

of gymnastics in the United States, as established by 36 US Code §220501, et seq. known as the
Ted Stevens Olympic and Amateur Sports Act of 1978 hereinafter ("Stevens Act")
47.

USAG failure to abide by the Stevens Act constituted negligence per se

including but not limited to the following particulars:
a. by failing to provide procedures for the prompt and equitable resolution of
grievances of its members;
b. by failing to keep amateur athletes informed of policy matters;
c. by failing to reasonably reflect the views of athletes in Its policy decision;
d. by failing to provide a safe environment for participation in the sport.
48.

As a direct and proximate result of the above referenced acts, Plaintiff has ·

suffered and continues to suffer economic and non-economic damages including, but not limited
to, medical, psychological, counseling and related expenses, physical injury and pain of mind
and body, shock, emotional distress, physical manifestations of emotional distress,
embarrassment, loss of self-esteem, humiliation, loss of enjoyment of life, damage to reputation,
and other damages as yet undetermined, and Plaintiff is reasonably expected to suffer from such
damages in the future.

COUNTS
FAIL URE TO WARN
(ASTOUSAG)

49.

The averments contained in the paragraphs above are incorporated herein by

reference as though fully set forth in this Count.

 50.

It was foreseeable and known to Defendant USAG that USAG professional

member coaches would use their power and authority over young female athlete members
including Plaintiff, to commit acts of inappropriate sexual conduct towards its member athletes.
51.

Defendant breached its duty to keep the Plaintiff safe and to prevent and protect

Plaintiff from sexual predators like McCabe who were USAG member coaches by failing to
enforce its' own written and oral policies, procedures and regulations designed to protect
member athletes like the Plaintiff from the exact harm suffered by the Plaintiff.
52.

Defendant USAG breached its' duty to the Plaintiff and failed to use reasonable

care in enforcing its' policy, procedure and regulations as it related to the allegations against
Defendant McCabe's and by continuing to allow him to maintain his status as a member coach.
Additionally, USAG failed to use reasonable care in training McCabe, failed to provide
reasonable supervision of McCabe, failed to use reasonable care by keeping McCabe's status
with USAG as a professional member coach in good standing after USAG knew or should of
known of McCabe's prior sexual misconduct against minors and young women and failed to
provide adequate warning to Plaintiff and Plaintiffs parents of McCabe's dangerous propensities
described herein.
53.

As a direct and proximate result of the above referenced acts, Plaintiff has

suffered and continues to suffer economic and non-economic damages including, but not limited
to, medical, psychological, counseling and related expenses, physical injury and pain of mind
and body, shock, emotional distress, physical manifestations of emotional distress,
embarrassment, loss of self-esteem, humiliation, loss of enjoyment of life, damage to reputation,
and other damages as yet undetermined, and Plaintiff is reasonably expected to suffer from such
damages in the future.

 COUNT6
NEGLIGENT MISREPRESENTATION
(USA GYMNASTICS)

54.

The averments contained in the paragraphs above are incorporated herein by

reference as though fully set forth in this Count.
55.

Defendant USAG represented to Plaintiff, and Plaintiffs parents, as an athlete

member gymnast that it would provide a safe environment free from harm from USAG's
professional member coaches acts' of inappropriate sexual conduct towards Plaintiff including,
but not limited to, sexual harassment, sexual misconduct, and sexual abuse culminating in
inappropriate sexual contact and severe emotional distress.
56.

Plaintiffs mother attempted to verify with USAG, over the phone, information

she had received that contained some of the same information USAG had received in 1998.
57.

USAG' s failed to warn Plaintiffs mother about having received prior complaints

against McCabe in 199 8 and assured Plaintiffs mother that McCabe was a coach in good
standing with USAG.
58.

Plaintiff and Plaintiffs parents relied on USAG representations to their detriment

and were given a false sense of security that Defendants would provide a safe environment free
from harm from USAG professional member coaches acts of inappropriate sexual conduct
towards Plaintiff, as described herein.
59.

USAG failed to provide a safe environment for Plaintiff which resulted in

inappropriate sexual conduct as described herein and was incidental to the coach/athlete
relationship.
60.

As a direct and proximate result of the above referenced acts, Plaintiff has

suffered and continues to suffer economic and non-economic damages including, but not limited

 to, medical,

psychological~

counseling and related expenses, physical injury and pain of mind

and body, shock, emotional distress, physical manifestations of emotional distress,
embarrassment, loss of self-esteem, humiliation, loss of enjoyment of life, damage to reputation,
and other damages as yet undetermined, and Plaintiff is reasonably expected to suffer from such
damages in the future.

61.

COUNT7
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
(ALL DEFENDANTS)
The averments contained in the paragraphs above are incorporated herein by

reference as though fully set forth in this Col;ll1t.
62.

Defendants committed or failed to prevent acts of inappropriate sexual conduct

towards Plaintiffs body including, but not limited to, sexual harassment, sexual misconduct, and
sexual abuse culminating in inappropriate sexual contact and severe emotional distress.
63.

As a direct and proximate result of the above referenced acts, Plaintiff has

suffered and continues to suffer economic and non-economic damages including, but not limited
to, medical, psychological, counseling and related expenses, physical injury and pain of mind
and body, shock, emotional distress, physical manifestations of emotional distress,
embarrassment, loss of self-esteem, humiliation, loss of enjoyment of life, damage to reputation,
and other damages as yet undetermined, and Plaintiff is

re~sonably

expected to suffer from such

damages in the future.
64.

Defendants actions were outrageous, intentional, willful, wanton and or reckless,

and McCabe's actions constituted· a specific intent to harm for which punitive damages are
warranted in an amount that will punish and deter him and others from like conduct.

 COUNTS

PUNITIVE DAMAGES
(ALL DEFENDANTS)
65.

The averments contained in the paragraphs above are incorporated herein by

reference as though fully set forth in this Count.
66.

The actions of Defendants demonstrated willful misconduct, malice, oppression,

and the entire want of care towards Plaintiff including, by McCabe, a specific intent to harm the
Plaintiff, entitling Plaintiff to recover punitive damages against Defendant pursuant to O.C.G.A.
§ 51-12-5.1.
67.

The punitive damages awarded to the Plaintiff against the Defendant should be in

sufficient amount to punish Defendant.
68.

The Defendant has acted in bad faith, has been stubbornly litigious and has caused

Plaintiff unnecessary trouble and expense.

Therefore, pursuant to O.C.G.A. §13-6-11, the

Plaintiff requests that she be awarded expenses of this litigation, including reasonable attorney's
fees.

WHEREFORE, Plaintiff prays:
(a) That Summons and process be issued and served upon the Defendant;
(b) That Plaintiff have a trial by a jury of twelve (12) persons;
(c) That Plaintiff be awarded special damages in an amount to be proven at trial;
(d) That Plaintiff be awarded general damages in an amount to be determined by
a jury of Plaintiffs peers, all in an amount in excess of Ten Million
($10,000,000.00) Dollars;

 (e) That the Court award judgment in favor of the Plaintiff and against
Defendants for a sum in an amount determined by the enlightened conscience of
the jury for punitive damages.
(f) That Plaintiff have and recover expenses of this litigation, including

reasonable attorney's fees; and
(g) That this Court grant such other and further relief as it deems just and proper.

This~' :>-\

day of___,~'--~-=--"-·\____.__\_ _ _ _ , 2016.
LASKY COOPER LAW

~~~S)~,
W. BRIAN CORNWELL
GEORGIA STATE BAR NO. 459090
JEFFREY W. LASKY
GEORGIA STATE BARNO. 438525
ATTORNEYS FOR PLAINTIFF
P.O. Box 9086
Savannah, GA 31412
912-232-6423