Trial Magazine

Doe, 5, was signed into the Kid’s Club daycare center at EoS Fitness, Palm Springs. While she was there, a 13-year-old boy, who was placed in the same room as Doe, molested her for over an hour, including forcing her to perform sexual acts on him. Doe told her mother what had happened immediately after the incident. She suffered trauma necessitating therapy.

Doe sued the gym, alleging negligent supervision of minors. The plaintiff alleged that the daycare had just one attendant on duty, who, along with three club managers, failed to check on the children during Doe’s time at the facility. Suit also claimed the gym lacked policies and procedures regarding child sexual abuse.

The defense stipulated to partial liability but contended that the boy’s criminal acts were a substantial factor in causing Doe’s injuries.

The jury awarded $13 million. The parties later settled for a confidential amount.

Citation: Doe v. Fitness Alliance, Dkt. No. PSC2002874 (Cal. Super. Ct. Riverside Cty. Sept. 8, 2021).

Plaintiff counsel: AAJ members Spencer Lucas and Nadine Khedry, both of Los Angeles; and Simon Esfandi and Joseph Shiraz, both of Beverly Hills, Calif.