Alison M. Crane and Davis J. Reilly of Bledsoe, Diestel, Treppa & Crane LLP, in San Francisco, obtain summary judgment for their client in San Francisco Superior Court.
Plaintiff alleged she visited Defendant’s establishment to receive a foot massage. During the massage, Plaintiff fell asleep and woke to the masseur sexually assaulting her. Following the incident, the masseur was prosecuted and convicted for his actions. Plaintiff filed suit against the owner of the massage establishment asserting the establishment was vicariously liable for the sexual assault and for the negligent hiring and supervision of the masseur. In support of summary judgment, Defendant argued it was not vicariously liable for the sexual assault as the same was not foreseeable given it was motivated by purely personal interests and was not engendered by the masseur’s employment. Furthermore, the establishment had no reason to believe the masseur was unfit for employment. The court agreed and granted defendant summary judgment on all causes of action.