19. On January 3, 2016, Plaintiffwem the Massage Envy Location for a massage, where
she had been numerous times before without incident. This was her second massage with Mi.
- Plaintiff's massage with Mr -was without incident On January 3, 2015,
P1aintirr was improperly touched by Mr --on the premises ofDefendams. Specifically, Mr
-led Plaintiff to a massage room and hold her In undress. Plainlifl" then undressed and got
face down on the massage table underneath a sheet.

20 During the massage, Mr. --massaged the side offlarntiirs body, and then
fondled and groped the sides ofPlaimiffs breast. Mr repeated the fondling and groping
ofPlamtiff's breast. Mr. - did not Iouch Plainiiff's breast during the prior massage she had
with him, Later Mr, - began massaging Plainlif'fs giutes and then her buttocks Mr.
-pressed down on Plaintiffs buttocks cheeks and spread them apart. Mr, -did not
do this during the prior massage Plaintiffhad With him Plaintiffdid not understand why Mr.

_was massaging her in this mannei.

21. NIL - asked Plaintiffto tum onto her back. When Plainfiffwas on her back,
she started falling asleep Mr --uncovered one or1>1ainti?rs 1egs and massaged up her 1eg
Plainuff awake and discovered Mr -5 hand touching her vagina. Plaintiffmoved to
avoid the contact. However Mr. _s began touching her vagina again. Mr. -'s hand
was moving up and dovm aver Plaintiffs entire vagina Mr. _did and/or anempted Ia p1aee

his fingers in and on Plaimiff's vagina. Plaintif'fwas frozen with rear and did not know what to do
Subsequently, Mr-leaned over and said: "1 wish it wasn't over, id love Io continue to

practice massaging you
22 Afterwards. Plaintiff reported Mr. -'s improper touching to Defendants, and

their officers, directors and/or managing agents, who raiied to take any action in response to Mr.

Complaint for Damages
7

 

 

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-'s improper touching. thereby ratifying the actions oer, -and giving him access to
further sexually assault other female customers in the future, Plaintiffreponed Mr, -s
improper touching to Defendants, and their officers, directors and/or managing agents, because she
did not want anyone else to be improperly touched by Mr Despite Plaintiffs reponing
Mr._s improper touching, Mr. employment at the Massage Envy Location
continued. By allowing Mr. -o continue working as a massage therapist after his improper
touching of Plaintiff, Defendants approved, aided and abetted, adopted, and ratified Mr, -'s
improper touching. No one from Defendants reported the improper touching to law enforcement,
the Department of Fair Housing and Employment or any govemmental licensing or regulatory
agency, or anyone for that matter

23. Defendants owed a duty to female customers, including Plaintiff, to provide a
reasonably safe environment for them, to ensure their safety. and to provide reasonably necessary
supervision and oversight for their safety and welfare while at Massage Envy franchise locations,
including Massage Envy Location. Defendants failed to fulfill their legal duty to provide a
reasonably safe environment for female customers at Massage Envy franchise locations, uieluding
Massage Envy Location.

24. Defendants had a duty to take reasonable steps to ensure that massage therapists at
Massage Envy franchise locations were fit to provide massage therapy services to
female customers at their franchise locations, including Massage Envy Location. Defendants failed
to fulfill their legal duty to ensure that massage therapists were fit to provide
massage therapy services to female customers at their franchise locations, including Massage Envy

Location

Complaint for Damages
8