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Verdicts & Settlements: Intentional Torts

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Sexual battery of home caregiver

September 19, 2019

Doe, 58, worked as a home caregiver. Her agency assigned her to work with Mike Modi, who had been injured in a car collision. Over several days, while Doe provided care to Modi during the day and at night, prostitutes allegedly knocked on Modi’s door. Doe turned them away. Modi also asked Doe if she would rub his genitals. Doe refused.

One day, Modi appeared naked in Doe’s room and pinned her down on the bed, sexually assaulting her and attempting to take off her clothing. Doe struggled to get away for several hours and was subjected to degrading comments. Modi also urinated on Doe.

Doe suffered post-traumatic stress disorder as a result of her experience. She requires psychiatric care and will continue to receive treatment for her condition in the future. Her medical expenses totaled $33,000. She had earned $12,000 annually but is unable to work.

Doe sued Modi, alleging sexual battery and intentional infliction of emotional distress.

The jury awarded $9.6 million, including $2 million in punitive damages. The defendant has appealed.

Citation: Doe v. Modi, No. 15C3816 (Tenn. Cir. Ct. Davidson Cnty. Feb. 21, 2019).

Plaintiff counsel: AAJ member Christopher K. Thompson, Nashville.

Plaintiff experts: Charles Ihrig, counseling, and James Kyser, psychiatry, both of Nashville.