Filing # 56233254 E-Filed 05/10/2017 11:06:36 AM INTHE CIRCUIT COURT OF THE [NINTH JUDICIAL CIRCUTT, IN AND FOR ORANGE COUNTY, FLORIDA 2016-CA.005539-0 SARAH POWERS BARNHARD Praintit), vs. AMATEUR ATHLETIC UNION OF ‘THE UNITED STATES Defendants), —_— ‘ORDER GRANTING MOTION TO DISMISS THIS MATTER came before the Court on April 21, 2017 on Defendant’s Motion to Dismiss filed September 01, 2016 (the “Motion"), The Court has considered the Motion, the oral ‘and written arguments ofthe parties, and the applicable legal authorities. Its hereby ORDERED. and ADJUDGED as follows: 1. The Motion is granted, in pat, as set forth herein, 2 Inher written and oral argumens, Plait asserted that her claims are not based on alleged acts or omissions during the time when she ws a minor. Plaintiff's Complaint, however, purports to assert claims that are based on alleged acts or omissions when Plaintiff was a minor. Therefore, Plant's Complaint must be dismissed so that those inconsistencies may'be cured 3. The Court also concludes that Count I fils to sufficiently allege causation. Soe Black Diamond Properties. Inc. v, Haines, 940 So. 24 1176, 1179 (Fla. S* DCA. 2006); Hutson v, Rexall Sundown, Ine,, $37 So. 24 1090, 1092-93 (Fla. 4 DCA 2003), Furthermore, Count If does not adequately allege a claim that satisfies the impact ule. Page 2012 2016-cA.005539.0,See RJ. y, Humana of Florida, In. 652 So. 24 360, 364 (Fla, 1995), GAS Sesue Solutions USA Ins». Golzr, 208 So. 34 204, 28.09 (Fla. 3d DCA 2016). Count 1 so fils to allege sufficient facts to sete a claim for negligence. Cf, Caslebery Edvard M. Chadbourne, ns, 810 So. 241028, 1030-31 (Fa, 1" DCA 2002) Florida does not recognize common law claim for negligent flue to prevent sexu harassment); City of Miami Beach v, Gena, 746 So. 241159, 1159-60 (Fla 34 DCA 1999) (ame) 4. For all he foregoing reasons, Pliai's Complain: is dismissed, without prejudice, Plaintiff shall file and serve an Amended Compal within twenty 20 days ofthe date of this onder. Defendant shall le and sere ts response within twenty (21) days threats DONE AND ORDERED in Chanter, Orland, Orange Cony, Foi on this day of May, 2017 Reh F White Circuit Judge CERTIFICATE OF SERVICE Portal System, Sa ate ‘Canci SHEA, Judicial Assistant to Judge Keith F White Page not 2016.CA.005530.0,