Tag Archives: sexual abuse

While representing a victim of sexual assault, Kristin Olson wins a Motion to allege punitive damages against SMG Properties Oregon LLC (doing business as ClubSport Oregon in Tigard, Oregon) and Leisure Sports, Inc.

While representing a victim in a sexual abuse case, Kristin Olson won a motion to amend to allege additional claims, including punitive damages regarding all claims, against SMG Properties Oregon LLC, dba ClubSport Oregon and Leisure Sports, Inc.

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.)

In a sexual assault case against a fitness club, Kristin Olson successfully defeats a motion to strike allegations regarding a prior sexual assault victim at the same club

While representing a victim of sexual assault in a case against fitness facility ClubSport Oregon and its management company, Leisure Sports, Kristin Olson successfully defeated the defendants’ motion to strike allegations regarding a prior victim of sexual assault at the same ClubSport location.  In the lawsuit brought on behalf of her client, Kristin alleged that her client was the victim of sexual assault during a massage at ClubSport Oregon in Tigard.  The lawsuit also alleged that there was a prior sexual assault involving a different victim by a different massage therapist at the same ClubSport Oregon location.  Therefore, Kristin argued, ClubSport Oregon and Leisure Sports knew or should have known that a sexual assault during a massage was foreseeable and should have changed their protocol to protect future potential victims of sexual assault during a massage, such as Kristin’s client.  ClubSport and Leisure Sports moved to strike those allegations.  Kristin successfully defeated that motion, and existing claims in the lawsuit.  Freifeld v. Leisure Sports, Inc., et al., Washington County Case No. 18CV12178 (September 10, 2018).

 

While representing a victim of sexual assault against fitness facility ClubSport Oregon, Kristin Olson successfully defeated a motion to strike allegations in the lawsuit regarding a prior victim at the same ClubSport location