Complaint For Damages, Demand For Jury Trial

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SUPERIOR COURT OF THE STATE OF WASHINGTON

FOR THURSTON COUNTY
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B.W., an individual,
Plaintiff,
ll
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NO.
vs.
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BLACK HILLS FOOTBALL CLUB, a

Washington nonprofit corporation; DAVID
E. CROSS and KIMBERLY S. CROSS,
individually, and as a marital community,
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COMPLAINT FOR DAMAGES

Demand for Jury Trial
Defendants.
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COMES NOW Plaintiffs, by and through their attorneys Darrell L. Cochran and Kevin
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M. Hastings, and the law firm of Pfau Cochran Vertetis Amala PLLC, and brings this cause of
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action against Defendants, and allege the following:
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I.
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1.1
PARTIES
At all relevant times, B.W. was a resident of Thurston County, Washington.
Plaintiff was a minor at the time of the sexual abuse and exploitation alleged herein. To
prevent further damage and injury to the Plaintiff, this complaint for damages identifies her by
initials only. Plaintiff will be identified more fully in discovery or by amendment.
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1 of 10
911 Pacific Avenue, Suite 200

Tacoma, WA 98402
Phone (253) ?T!-0799 Facsimile (2'i3) 627-06'i4
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"BHFC") is a nonprofit corporation organized under the laws of Washington that operates in
Thurston County, Washington.
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At all relevant times, Defendant Black Hills Football Club (hereinafter,
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At all relevant times, Defendants David Cross and Kimberly Cross were
residents of Thurston County, Washington.
Upon information and believe, they are still
residents of Thurston County.
II.
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2.1
Under article IV, section 6 of the Washington State Constitution, the Superior
Court, Thurston County, has universal original jurisdiction over this lawsuit. The Court also
has personal jurisdiction over each named defendant.
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JURISDICTION AND VENUE
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Venue is proper within Thurston County because Defendants reside m
Thurston County, Washington. It is also where the torts detailed below were committed.
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III.
FACTS
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3.1
B. W. was born in 1992 and has played soccer since she was 6 years old. In or
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around 2005, when she was 13 years-old, B.W. joined BHFC. At first, she made the "B"
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team but was promoted to the "A" team within a few months. David Cross, a man who was
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then in his mid-to-late 40s, was the coach for the "A" team.
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3.2
Cross was B.W.'s coach for about five years.
This was unusual because
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coaches would normally rotate teams every couple of years to give players experience in
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dealing with different coaching styles.

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3.3
Although B.W. did not know it at the time, Cross began grooming her for
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sexual contact from the time he first met her. Cross had the phone numbers for every player
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and texted his favorite players occasionally.

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3.4
By January 2009, when B.W. was 16 years-old, the grooming escalated and
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Cross was texting her more frequently. At first, Cross was texting weekly with soccer-related
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questions, but then he began texting her daily with friendlier conversations. B.W. liked the
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attention because she admired Cross as her mentor, having worked harder for him than any
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other person and learning valuable life lessons through mental and physical discipline. B.W.
started in 2005 at the bottom of the skill level on the team and by 2009 was at the top on the
starting lineup. This increase in confidence and talent level was reinforced by her mentor
Cross.
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3.5
B.W. how far she had been with a boy. B.W. was embarrassed that he asked such a private
question, but she still told Cross.
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3.6
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with wound care and he attempted to kiss her. On the second occasion, Cross asked B.W. to
meet her at Tumwater Falls Park. Cross held her hand and said that he had a dream about her
in a nightgown and getting naked.
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3.7
Eventually, Cross started talking to B.W. about sex. Through manipulation
and constant grooming, Cross convinced B.W. to have sexual intercourse with him and lose
her virginity before college. B.W. was 17 years-old. Cross met B.W. at LBA Park, near
Margaret McKenny Elementary School, and he took her virginity inside his white van before
her school soccer tryouts later that day. On another occasion B.W. met Cross at Ferrellis off
Yelm Highway in the parking lot. He was far too intoxicated to drive so B.W. had to sit with
him to prevent him from injuring himself or others.
3.8
Cross told B.W. several times throughout the relationship that what "they"
were doing was wrong and illegal and that "they" could get in a lot of trouble. Cross insisted
that B.W. never tell anyone for the rest of her life.
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Only 17 years-old at the time, B.W. was shocked,
uncomfortable, and flattered at the same time.
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Cross continued grooming B.W. and started becoming increasingly physical.
On the first occasion, Cross was at a bar and B.W. crashed her bike. She went to him for help
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Eventually, the text conversations escalated to the point where Cross asked
3.9
Cross had sexual intercourse with B. W. several more times in various locations
throughout Thurston County, including in the back of his van, the Red Lion Hotel and in the

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middle of three public parks. B.W. never instigated the sexual contact, which was always
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solely initiated by Cross for his own sexual gratification. She was going along because she
thought that was the only way to have an adult friend at the time.
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while the entire team was in California for a tournament. She refused his offers and wanted to
be with the team instead. Cross finally forced B.W. to kiss her while the team was in Disney
Land, California, to celebrate the end of the tournament.
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3.11
conduct for coaches while on soccer trips.

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3.13
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time Cross had sex with B.W., he used his cellular phone to take a photograph of his penis
inside of her vagina.
3.14
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there over an hour and that it was suspicious.

3.15
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Police arrived and Cross pulled away. Police stopped Cross and asked what he
was doing parked in the dark in the middle of a neighborhood. Cross said that he had to stop
for a medical condition and that he was "just talking" to B. W. and trying to "help" her.
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On February 7, 2010, Cross was with B.W. in his van parked in the
Beckonridge neighborhood. Someone called the police and reported that the van had been
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Cross would often ask B.W. to send him sexually explicit photos. B.W. never
sent such photos, but Cross took photos of her while having sex. During the first or second
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Cross attempted to have sex with B.W. in a public park. Cross also would
frequently make B.W. kiss him in public places, hold his hand, or show other affection.
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Upon information and belief, BHFC did not have any policies and procedures
in place regarding boundary invasions, social interactions between coaches and players, or
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Cross also pleaded and begged B.W. to join in sexual acts in his hotel room
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B.W. was nervous and scared, and she denied a relationship with Cross. The
police officer was suspicious of Cross's activities and "did not believe he had to stop for a
medical condition and furthermore as a coach and adult [the police officer] felt [Cross's]
actions were highly suspect and inappropriate."

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Tacoma, WA 98402
Phone (25,) 7770799 Facsimile. (25,) 62706'i4
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have any inappropriate communication with B.W.
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3.19
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After graduating, B. W. chose to attend Portland State, in part, so that she could
get away from Cross. There, she had an academic career marked by mood swings, anxiety,
and bouts of deep depression.
3.20
B. W. was also having trouble with relationships. She sought counseling where
she eventually talked about what Cross had done to her. At counseling, B.W. learned in or
around August 2014 that the emotional issues she was having were related to being exploited
as a minor by Cross.
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For B.W., she felt saved by the police because she would no longer have to
communicate with Cross or lie to her family about her activity.
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They also had Cross sign a conduct
contract.
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The
following day, B.W.'s parents had Cross come over and told him that he was no longer to
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B.W.'s parents were contacted and told about what had happened.
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had done.
In or around January 2015, B.W. went to the authorities to reveal what Cross
An investigation ensued, but Cross refused to talk to the authorities.
The
detectives referred the matter to prosecutors for criminal charges, but the prosecutor
ultimately did not pursue the matter because the statute of limitations had ran for the crimes
referred.
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IV.
CAUSES OF ACTION
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A. First Cause of Action: Intrusion Upon Exclusion and Violation of Privacy

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4.1
Plaintiff re-alleges the paragraphs set forth above.
4.2
"The common law right of privacy exists in this state and ... individuals may
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bring a cause of action for invasion of that right." Reid v. Pierce County, 136 Wn.2d 195,
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206, 961 P.2d 333 (1998); Mark v. Seattle times, 96 Wn.2d 473, 635 P.2d 1081 (1981).
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4.3
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Defendant Cross intentionally intruded upon Plaintiffs solitude, seclusion and
private affairs by, inter alia, (1) taking explicit photographs of B.W. without consent and (2)
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forcing B.W. to engage in sexual acts in public places. B.W. had a legitimate and reasonable
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expectation of privacy from being free from photographs and not engaging in sexual acts in
public places.
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and his conduct was a proximate cause of damage to Plaintiff.
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Defendant Cross's intrusion would be highly offensive to a reasonable person,
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Defendant BHFC is vicariously liable for this conduct under the doctrine of
respondeat superior.
B. Second Cause of Action: All forms of Common Law Negligence

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Defendants and/or each of them had a special relationship with Plaintiff and
At all material times herein, Cross was Defendant BHFC's employee and/or
agent, and he was under its direction and control.

4.9
Defendant BHFC knew or should have known that there was a danger that a
soccer coach could or would exploit young soccer players.
The danger of adults using
positions of power to target younger children is well recognized in literature.
Given the
likelihood that adult soccer coaches would target and exploit young soccer players, BHFC
should have had a system in place where at least two adults were assigned to supervise
players, particularly when transporting them or during social gatherings. BHFC should have
also had a boundary invasion, sexual harassment, and sexual misconduct policy that was
provided not only to the coaches but also to the players.
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4.7
4.8
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also had a duty to protect her from reasonable foreseeable harm.
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4.6
4.10
BHFC should also have had policies that prohibited coaches from ( 1) engaging
in social interactions with players outside of the regular team celebration milieu, (2) texting
with players or otherwise calling them on private phones for personal reasons, (3) transporting
players without set boundary invasion policies in place, and (4) transporting players while
intoxicated.

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Tacoma, WA 98402
Phone (2.'i,) 7!10799 Facsimile (2'i3) 627-0654
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was a proximate cause of the damages complained herein.
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Defendant BHFC failed to warn victims, parents, and others that Cross was a danger to
minors who he was coaching.
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minors by exploiting their respect for his position as a coach; and that he would continue to
exploit his status and offices as a coach to molest minors if allowed to continue to serve as a
coach.
4.14
Defendant BHFC knowingly allowed, permitted, and/or encouraged Cross's
abuse of B. W. in one or more of the following ways: (I) tolerating the sexual abuse of minors
by employees and/or agents; (2) concealing and covering-up the sexual abuse of minors by
employees and/or agents; (3) failing to report known acts of sexual misconduct with minors to
law enforcement and governmental child welfare agencies pursuant to RCW 26.44.030 and
other legal duties; (4) allowing Cross, in his capacity as their employee and/or agent and
servant, to have unsupervised contact with minors; (5) failing to warn that Cross was
exploiting minors for sexual gratification; (6) representing that Cross was a worthy and
honorable man when he was known to the Defendants to be a predator who sexually exploited
minors; (7) failing to timely adopt policies and procedures to identify potential and actual sex
offenders, prevent their employment and/or remove them from a role of power once their
propensity to abuse minors was known; and (8) failing to properly investigate claims of abuse
and provide solace and counseling to victims.
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Before Cross sexually assaulted B.W., Defendant BHFC knew or should have
known that Cross had a propensity to engage in sexual acts with minors; that he had abused
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Defendant BHFC negligently retained and supervised Cross when they knew
or should have known of his predatory pedophile tendencies and sexual abuse of minors.
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BHFC's failure to have such policies amounted to corporate negligence, and it
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Defendant BHFC also negligently trained other agents by failing to appraise
them of the signs of grooming for sexual contact with minors.

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Tacoma, vVA 98402
Phone (253) 777-0799 Facsimile (253) 627-0654
4.16
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As a direct and proximate result thereof, B.W. has suffered personal physical
injuries and emotional injuries and continues to be damaged psychologically and physically
and to experience mental anguish, humiliation, and emotional distress, as well as physical
symptoms, all in an amount to be proved at trial.
C. Third Cause of Action: Negligent Infliction of Emotional Distress

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4.18
Defendants owed Plaintiff a duty to use reasonable care. Defendants breached
4.19
Defendants' breach was the proximate cause of emotional distress which was
manifested through Plaintiff.
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this duty through the negligent acts described above.
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4.17
4.20
As a result of these actions, Plaintiff sustained both general and special
damages in amounts to be proven at trial.
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D. Fourth Cause of Action: Outrage and Intentional Infliction of Emotional

Distress
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4.21
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4.22
Defendant Cross engaged in tortious wrong doing by sexually assaulting B.W.
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4.23
Defendant Cross knew that his extreme and outrageous conduct would
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irreparably and severely harm B.W., or he recklessly disregarded the same.

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As a direct and proximate result of Defendant Cross's extreme and outrageous
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conduct, B. W. suffered and continues to suffer irreparable, severe emotional distress and
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other general and special damages.
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E. Fifth Cause of Action: Assault and Battery
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4.25
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4.26
Defendant Cross intentionally engaged in harmful and offensive contact with
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B.W. while she was a minor. This contact included sexual assault.
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~J4PFAU COCHRAN
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Tacoma, WA 98402
Phone (253) 777-0799 Facsimile (2'i,) 627-06';4
4.27
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As a direct and proximate result of that intentional harmful and offensive
contact, B.W. suffered general and special damages.
F. Sixth Cause of Action: False Imprisonment

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4.29
The conduct of Defendant Cross resulted in the intentional confinement,
unlawful taking, seizing and detaining of B. W. 's person, which was unjustified under the
circumstances and unlawful.
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4.28
4.30
Defendant Cross's conduct toward Plaintiffs constitutes false imprisonment.
4.31
As a direct and proximate result of the Defendant Cross's conduct, B.W.
sustained injuries and damages.
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G. Seventh Cause of Action: Violation of RCW 9.68A Sexual Exploitation of

Children
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4.32
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4.33
Cross's actions of sexually assaulting and exploiting B.W. violated RCW
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9.68A, the Sexual Exploitation of Children Act, including RCW 9.68A.040, 9.68A.070, and
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9.68A.090.
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Cross's violations of RCW 9.68A, the Sexual Exploitation of Children Act,
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were done with the knowledge and acquiescence of Defendant BHFC. Accordingly, under
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RCW 9A.08.030, the Defendant BHFC and has also violated RCW 9.68A.
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Defendants and/or each of them pursuant to RCW 9.68A.130.
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v.
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B.W. is therefore entitled to an award of attorney's fees and costs against the
5.1
RESERVATION OF RIGHTS
Plaintiffs reserve the right to assert additional claims as may be appropriate
following further investigation and discovery.
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Tacoma, WA 98402
Phone (253) lT!-0799 Facsimile (253) 6270654
VI.
Under the Washington State Civil Rules, Plaintiff demands that this action be
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tried before a jury
VII.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays that this Court enter a judgment against the Defendants
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JURY DEMAND
and/or each of them on Plaintiffs behalf for the following:

7.1
For special damages for medical treatment expenses, the expenses of
medication, and other special expenses, including lost wages, both in the past and continuing
into the future, in amounts to be determined at the time of trial;

7.2
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emotional, resulting from the acts complained of herein;

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7.4
For such reasonable costs, attorney fees, prejudgment interest, and exemplary
damages otherwise allowed under law; and

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For such attorney's fees, prejudgment interest, costs, and exemplary damages
allowed by RCW 9.68A.130 and other law;
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For all general damages for pain and suffering, including physical and
For such other and further relief as this Honorable Court determines just in the
premises.
SIGNED this 9th day of September, 2015.
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PF AU COCHRAN VERTETIS AMALA PLLC
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By\]UMQ~
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Darrell L. Cochran, WSBA No. 22851

Kevin M. Hastings, WSBA No. 42316
Attorneys for Plaintiffs
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4827-2788-8420, v. 1
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Complaint For Damages, Demand For Jury Trial

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2

SUPERIOR COURT OF THE STATE OF WASHINGTON

BLACK HILLS FOOTBALL CLUB, a

COMPLAINT FOR DAMAGES

action against Defendants, and allege the following:

At all relevant times, B.W. was a resident of Thurston County, Washington.

COMPLAINT FOR DAMAGES

911 Pacific Avenue, Suite 200

At all relevant times, Defendant Black Hills Football Club (hereinafter,

residents of Thurston County, Washington.

Upon information and believe, they are still

residents of Thurston County.

JURISDICTION AND VENUE

Venue is proper within Thurston County because Defendants reside m

Cross was B.W.'s coach for about five years.

This was unusual because

dealing with different coaching styles.

and texted his favorite players occasionally.

911 Pacific Avenue, Suite 200

Eventually, Cross started talking to B.W. about sex. Through manipulation

Only 17 years-old at the time, B.W. was shocked,

uncomfortable, and flattered at the same time.

Cross continued grooming B.W. and started becoming increasingly physical.

COMPLAINT FOR DAMAGES

A Prokssiona! [jmitcd Uabi!ity Company

911 Pacific Avenue, Suite 200

conduct for coaches while on soccer trips.

there over an hour and that it was suspicious.

COMPLAINT FOR DAMAGES

911 Pacific Avenue, Suite 200

have any inappropriate communication with B.W.

communicate with Cross or lie to her family about her activity.

They also had Cross sign a conduct

A. First Cause of Action: Intrusion Upon Exclusion and Violation of Privacy

Plaintiff re-alleges the paragraphs set forth above.

Defendant Cross intentionally intruded upon Plaintiffs solitude, seclusion and

..._ ~ Vt:\ Professional

and his conduct was a proximate cause of damage to Plaintiff.

Defendant Cross's intrusion would be highly offensive to a reasonable person,

B. Second Cause of Action: All forms of Common Law Negligence

agent, and he was under its direction and control.

soccer coach could or would exploit young soccer players.

The danger of adults using

positions of power to target younger children is well recognized in literature.

Plaintiff re-alleges the paragraphs set forth above.

also had a duty to protect her from reasonable foreseeable harm.

COMPLAINT FOR DAMAGES

911 Pacific Avenue, Suite 200

was a proximate cause of the damages complained herein.

Defendant BHFC knowingly allowed, permitted, and/or encouraged Cross's

BHFC's failure to have such policies amounted to corporate negligence, and it

Defendant BHFC also negligently trained other agents by failing to appraise

them of the signs of grooming for sexual contact with minors.

COMPLAINT FOR DAMAGES

911 Pacific Avenue, Suite 200

C. Third Cause of Action: Negligent Infliction of Emotional Distress

Defendants owed Plaintiff a duty to use reasonable care. Defendants breached

manifested through Plaintiff.

Plaintiff re-alleges the paragraphs set forth above.

this duty through the negligent acts described above.

As a result of these actions, Plaintiff sustained both general and special

damages in amounts to be proven at trial.

D. Fourth Cause of Action: Outrage and Intentional Infliction of Emotional