Plaintiff Jane Doe, an attorney, had received multiple massages at the Claremont Hotel & Spa, including several with massage therapist JB, who had worked for decades at the Claremont without a single complaint. After her last massage with JB, Doe alleged that his fingertips brushed the sides of her breast tissue while she was laying on her stomach and he was massaging her back. She also alleged that his hands touched her cleavage breast tissue when he was massaging her clavicle area. After investigating, the Claremont concluded there was no inappropriate touching. Doe sued the Claremont and related entities, alleging theories including sexual assault, gender-based violence, and negligent training and supervision of JB.
Horvitz & Levy was retained to consult during the trial and the firm also prepared successful motions for partial directed verdicts and argued jury instructions. During trial, evidence was introduced that Doe made numerous misrepresentations over the course of the litigation, had a history of hypervigilance and hypersensitivity concerning her breasts, and had distorted thought processes. The jury returned a defense verdict, finding that JB did nothing wrong. Doe filed a motion for new trial, which Horvitz & Levy successfully opposed.
Doe appealed and Horvitz & Levy represented the Claremont defendants. In a 43-page decision, the Court of Appeal rejected every one of Doe’s appellate arguments. Among other things, the court held that it was appropriate to allow JB to physically demonstrate his version of what occurred during the massage, there was no error in allowing the defense expert to testify concerning Doe’s tendency to distort and misperceive events, and there was no basis to submit claims for negligent hiring or supervision to the jury since the company defendants were going to be vicariously liable for all harm caused if the jury found that there was any inappropriate touching.
Doe v. Claremont Hotel 
