child predators. No part of the letters even stated that child abuse had, in fact, occurred. No
information sent to USA Gymnastics about McCabe prior to 2006 provided any foresight about
McCabe's criminal misconduct towards Plaintiff.

The Georgia Court of Appeals recently af?rmed theentry of a directed verdict for a
defendant hotel with respect to a sexual assault committed by an employee where, as here, there
was no reasonable basis as a matter of law for the defendant to have foreseen the employee's
criminal behavior. Tomsz'c v. Marriott Im'l, Inc., 321 Ga. App. 374, 739 521 (2013). In
Tomsz'c, a copy of which is attached, the plaintiff, a patron in a hotel spa, alleged failure to warn
along with other claims in connection with a sexual assault by a massage therapist. Id., 321 Ga.
App. at 374, 739 at 525. The Court of Appeals held that the trial court?s pre?trial
dismissal of the plaintiff?s failure to warn count was proper because that claim was ?subsumed
within [her] premises liability claim.? Id., 321 Ga. App. at 385, 739 at 532. The Court
nevertheless analyzed the causation element of a failure to warn claim. Id., 321 Ga. App. at 384-
85, 739 at 532. In so doing, the Court determined thatthere was no ?causal connection
between [the employee?s] background and the injuries she sustained.? Id., 321 Ga. App. at 384,
739 at 532. The evidence showed that the defendant hotel had no reasonable notice of the
employee?s propensity to engage in the conduct alleged despite prior misdemeanor convictions, a
domestic abuse incident, and other prior misconduct. Id., 321 Ga. App. at 384-85, 739 at
532. The Tomsz'c plaintiff argued that the hotel's prior knowledge of the employee's past criminal
activity and misconduct made it foreseeable that the perpetrator/former employee would commit
the assault. The Court rejected that argument. Similarly, here, USA Gymnastics had no reason
to foresee McCabe's criminal misconduct towards Plaintiff in 2005, given both the facts stated in

the 1998 letters and the 7-year passage of time between the letters and McCabe's arrest. Such a