IN THE CIRCUIT COURT FOR RUTHERFORD COUNTY, TENNESSEE AT MURFREESBORO JANE DOE, individually and as next friend and parent of JOHN DOE, a minor, | iff, CASI vs. | | JURY DEMAND YOUNG MEN'S CHRISTIAN ASSOCIATION OF MIDDLE TENNESSEE, Defendant. COMPLAINT This is a complaint for damages related to the abuse of a child in the care of the Defendant. ‘The use of pseudonyms is necessary to protect the privacy and identity of the parties herein involved in accordance with the public policy of Tennessee. ‘The Plaintiff would show unto this Court as follows: 1, Jane Doe and John Doe are citizens and residents of Davidson County, Tennessee. Jane Doe is the natural mother of John Doe, a minor male child, 2. At the time of the events that give rise to this cause of action, John Doe was five (5) years of age. 3. Defendant Young Men’s Christian Association of Middle Tennessee (hereinafter referred to as “YMCA"), is a non-profit corporation registered end licensed to do business in the state of Tennessee with its pri ‘pal place of business located at 1000 Church Street, Nashville, Davidson County, Tennes . YMCA may be served with process via its registered agent, Peter Oldham, at 1000 Church Street, Nashville, Tennessee 37203-3420.4. YMCA operates, supervises and manages the YMCA Fun Company Program of Middle Tennessee (hereinafter referred to as “YMCA Fun Company”). YMCA Fun Company has multiple offices throughout Middle Tennessee, including an office in Rutherford County located at 136 Cannon Avenue, Murfreesboro, Tennessee 37219. 5. According to its website, “YMCA Fun Company provides a safe place for thousands of students in four Middle Tennessee counties to learn, grow and thrive in the critical hours before school, after school and during the summer.” 6. In March of 2017, John Doe was a student enrolled in the YMCA Fun Company after-school program at Cedar Grove Elementary School in Smyma, Tennessee (hereinafter referred to as “the after-school program”). 7. ‘The actions complained of herein occurred in Rutherford County, Tennessee. 8. Jurisdiction and venue are proper in this Court, 9. Minor, T. P., was also a student enrolled in the after-school program. 10, T:P. had a history of impulsive behavior and inappropriate contact with fellow students. 11, The YMCA, through its employees, was aware of the tendency of T.P, to behave in an impulsive and inappropriate manner and make inappropriate contact with other students. 12, On or about March 23, 2017, TP. forced John Doe to place his mouth on T.P.’s genital area in the restroom of the after-school program (hereinafter referred to as “the incident”) 13. On the date of the incident, 3-4 after-school program employees were present, 14, Dominique Butts, the after-school program supervisor and employee of the Defendant, told Jane Doe that because of his prior behavior, TP. was not allowed to go into the restroom with other students,15, Despite actual knowledge of T.P.’s propensity to act impulsively and make inappropriate contact with other students, T.P. was not properly supervised by the YMCA’s employees and was allowed to enter the restroom with John Doe on March 23, 2017. 16. _T.P. made impulsive and inappropriate contact with John Doe without John Doe’s consent, 17. YMCA had a duty of care to care for and to protect John Doe from foreseeable harm such as the incident complained of in this action. 18, YMCA had actual and/or constructive knowledge TP. should not be allowed to be in an unsupervised situation with fellow students due to his tendency to exhibit impulsive behavior and make inappropriate contact with other students. 19. It was reasonably foreseeable that allowing TP. to enter the restroom unsupervised with other children could cause harm in the manner in which John Doe suffered harm. 20. Despite this knowledge, YMCA negligently and recklessly allowed T.P. to enter the restroom unsupervised with John Doe. 21. The YMCA’s employees violated intemal rules, policies, guidelines and procedures by allowing TP. to enter the restroom unsupervised with John Doe, 22. YMCA failed to properly train and supervise its employees and/or develop appropriate rules or procedures to prevent T.P, from entering the restroom unsupervised or from causing harm to John Doe. 23, The aforementioned acts and omissions of the YMCA constitute a breach of its duti 24, The YMCA’s acts and omissions and resulting breach of duties are the proximate legal cause and cause in fact of the damages suffered by Jane Doe and John Doe.25. YMCA js liable to Plaintiff, individually and on behalf of John Doe, for damages caused by its negligent and reckless conduct, 26, As aresult of the breaches of said duties and acts and/or omissions of the YMCA, John Doe suffered serious injuries and emotional distress, 27. ‘The aforementioned acts and omissions of the YMCA constitute the tort of intentional infliction of emotional distress in that the acts or omissions were intentional or reckless and so outrageous as to not be tolerated by civilized society. These acts or omissions resulted in serious mental injury to John Doe. 28. The aforementioned acts and omissions of the YMCA constitute the tort of negligent infliction of emotional distress in that the acts or omissions constitute negligence and resulted in serious mental injury to John Doe. 29. The YMCA Fun Company employees were at all relevant times the agents, employees and/or representatives of the YMCA who were acting in the course and scope of their agency and/or employment with YMCA. 30. YMCA is vicariously liable for the actions and omissions of its employees and representatives under the doctrines of agency and respondeat superior. 31. Asadirect and proximate result of YMCA’s acts and omissions, Jane Doe and John Doe suffered injuries and damages, including, but not limited to: a. Severe and permanent mental injuries; b. Medical expenses, both past and future; ©. Severe mental anguish and emotional distress, both past and future; 4. Severe pain and suffering, both past and future; and ¢, Loss of enjoyment of life, both past and future.32, YMCA is one-hundred percent (100%) responsible for Plaintiff's harms and losses. 33. John Doe is in no way at fault for causing his injuries, 34, YMCA has been properly served with process. WHEREFORE, PREMISES CONSIDERED, PLAINTIFF DEMANDS: 1, That service of process issue and be served upon the Defendant requiring it to appear and answer within the time required by law; 2. That judgment be rendered against the Defendant, holding it liable for compensatory damages in an amount no less than FIVE HUNDRED THOUSAND DOLLARS (550,000.00) and punitive damages in an amount no less than ONE MILLION DOLLARS ($1,000,000.00); 3. Fora jury of twelve to try this cause; 4. For all other relief to which Plaintiffs may be entitled from this Court including discretionary costs, court costs and any further and general relief. Respectfully submitted, ROCKY McELHANEY LAW FIRM, PC Re McELHANEY, #20205 ALI TOLL, #25732 475 Saundersville Road, Suite 100 Hendersonville, Tennessee 37075 Phone: (615) 932-8600 Fax: (615) 425-2501 Attorney for JANE DOE, individually and as next friend and parent of JOHN DOE, a minor