WILMINGTON, Del. (Legal Newsline) – A spa that employed a man accused of sexually assaulting his clients will have to face vicarious liability charges from a woman who says she was groped at a different spa.
On Jan. 7, Delaware Superior Court Judge Richard Stokes ruled against Hand and Stone Franchise Corporation as it fights a lawsuit over one-time masseur Christopher Dorman, who faced criminal charges for his alleged behavior at both Hand and Stone and at a Massage Envy locale.
The Jane Doe in this case says she was assaulted in June 2018 at Massage Envy because Hand and Stone never reported complaints of similar behavior when Dorman worked there prior to Massage Envy.
This allowed Dorman to keep his license and find new victims at Massage Envy, the lawsuit says.
“Hand and Stone had a duty to report violations to the appropriate authority,” Judge Stokes wrote. “Not only does Plaintiff plead Hand and Stone failed to report Dorman’s conduct, Plaintiff further pleads Hand and Stone recommended Dorman for employment at Massage Envy.
“Based on the allegations in the complaint, Hand and Stone’s acquiescence could be reasonably assumed to be consenting to Dorman’s actions and ratifying Dorman’s conduct.”
Stokes’ ruling denied Hand and Stone’s motion to dismiss.