While representing a victim of sexual abuse during a massage at ClubSport Oregon in Tigard, Kristin Olson won a Motion to add $1 million in punitive damages to her lawsuit against SMG Properties Oregon LLC –doing business as ClubSport Oregon–and Leisure Sports, Inc.
Kristin also won a Motion to add the following claims against ClubSport Oregon and Leisure Sports: negligent infliction of emotional distress, negligent training and supervision of the massage therapist, and negligence per se.
The Court granted Kristin’s Motions in full, and gave Kristin leave to file a Second Amended Complaint to add punitive damages to all existing claims in the lawsuit as well as the new, additional claims.
In order to win the Motion to add the additional claims, Kristin had to show, among other things, that there was evidence to support them.
To win her Motion to add allegations of punitive damages, Kristin had to show that there was evidence that ClubSport and Leisure Sports acted with malice or have “shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others.” Oregon Revised Statute 31.730.
(Freifeld v. Leisure Sports Inc., et al., Washington County Case No. 18CV12178, April 1, 2019.)