Negligence Suit Filed After Sexual Assault ~ OPOLAW Injury Blog

Thursday, January 29, 2009

Negligence Suit Filed After Sexual Assault

The family of a boy who was allegedly sexually assaulted at a health club has filed a negligence lawsuit against the club and the man accused of molesting him. According to police, Carl "Bubba" Scarbrough performed a sex act on the 13-year-old boy in the steam room at Fort Sanders Health and Fitness in June (06). Parents of the teenager insist the health club were aware of similar complaints about Scarbrough, and accuse the club of failing to protect the public. Despite admitting that at least two complaints against Scarbrough have been made in the past, Fort Sanders refuses to accept responsibility for the incident, blaming the teenager and his parents for what happened. According to the club, the boy and his mother violated the club rule no one under 14 is allowed in the steam room without parental supervision. Fort Sanders attorneys go on to accuse the boy of initiating inappropriate contact, saying that he "voluntarily continued to expose himself to a risk which he knew or should have known existed." They add, "The minor plaintiff did not exercise reasonable care and caution for his own safety and he did not seek help from any adult or on-site security personnel or other staff despite the fact that the alleged encounter occurred during a busy time of day."

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