30 June 2023

Summary Judgment Granted in Martial Arts Assault Case

Contact Information

Managing Partner

Eric W. Boyer

(305) 670-1101

eboyer@qpwblaw.com

Release Date

30 June 2023

qpwb_logo

David M. Tarlow, Fort Lauderdale office Managing Partner, achieves victory in multi-million dollar martial arts assault case.

The case, which involved a dispute between multiple defendants, including a martial arts instructor, centered around allegations made by Jane Doe, a martial arts student, and Jiu Jitsu competitor. Jane Doe claimed that when she turned 16 years old, her instructor subjected her to abuse in his home, in his car, and at the martial arts gym. The severity of the accusations was further compounded when the martial arts instructor was arrested and confessed to engaging in elicit acts with Jane Doe, including at the gym.

Facing this complex legal battle, the defendants filed a Motion for Final Summary Judgment. However, displaying immense strength and resolve, Jane Doe provided a compelling response. On April 21, 2023, the Court thoroughly reviewed the arguments both parties presented. After meticulous consideration of the Defendants' Motion, and Plaintiff's Response, and being fully apprised of the matter at hand, the Court rendered its verdict.

The Court's ruling was centered around the concept of Final Summary Judgment, affirming no genuine dispute as to any material fact existed. Consequently, the Court concluded that the defendants were entitled to judgment as a matter of law. The Court also referenced established precedents concerning employer liability in cases involving assault. It emphasized that for employer liability to be established, the employee's conduct must align with business objectives and be facilitated by the employer.

Upon analyzing the facts, the Court determined that the assaults had occurred in multiple locations, including the personal residence of one of the defendants, in their car, and at the martial arts gym. Relying on relevant case law, the Court reached the conclusion that the defendant's actions were not in furtherance of business objectives and that the defendants did not facilitate the abuse.

However, following the arrest, one of the seven defendants took to social media, publicly apologizing for the assaults and admitting the gym's failure to implement appropriate safeguards to prevent such crimes from occurring.

Despite the policy limits being tendered and a multi-million-dollar demand being made, the Court ultimately granted summary judgment in favor of the defendants.

Start typing and press Enter to search

Shopping Cart

Lateral Partners

Apply now to make a difference in your community and be a part of the largest women and minority owned defense law firm in the country. Please enter your information, attach your resume, and we will contact you soon!

Associate Attorneys

Apply now to make a difference in your community and be a part of the largest women and minority owned defense law firm in the country. Please enter your information, attach your resume, and we will contact you soon!