1828737

CAUSE NO. ________

SABRINA VEGA, § IN THE DISTRICT COURT

§
Plaintiff, §
§
v. §
§
USA GYMNASTICS, INC, UNITED STATES § OF WALKER COUNTY
OLYMPIC COMITTTEE, DR. LAWRENCE §
GERARD (LARRY) NASSAR, BMK §
PARTNERS, LTD, KAROLYI TRAINING §
CAMPS, LLC, BELA KAROLYI, and §
Walker County - 278th District Court
MARTA KAROLYI §
§ __ JUDICIAL DISTRICT COURT
Defendants. §

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, SABRINA VEGA (hereinafter “Vega”), complaining of Defendant USA

GYMNASTICS, INC. (“USA Gymnastics”), the UNITED STATES OLYMPIC COMMITTEE

(“USOC”), DR. LAWRENCE GERARD (LARRY) NASSAR (“Nassar”), BELA KAROLYI,

MARTA KAROLYI, BMK PARTNERS, LTD (“BMK”), KAROLYI TRAINING CAMPS,

LLC (“Karolyi Training Camp”), (collectively the “Karolyi Defendants”)(collectively,

“Defendants”), and for cause of action would respectfully show this Honorable Court the

following:

I.

PARTIES

1. Vega, is a resident of Carmel, New York.

2. Upon information and belief, Nassar was formerly a resident of Michigan and is now

serving a sixty (60) year sentence in federal prison in Tucson, Arizona. Nassar had been

Filed: 5/1/2018 10:31 AM

Robyn M. Flowers
District Clerk
Walker County, Texas
Melissa Fuentes
 in Walker County, Texas and acted as a purported physician for gymnasts at the Karolyi

Training Camp and the causes of action stated herein arise out of that activity. Nassar

has no registered agent for service in Texas. Therefore, service of citation can be had

upon Nassar pursuant to Texas Civil Practice and Remedies Code §17.041(c). The Texas

Long Statute and service of citation can be effected upon Nassar through the Texas

Secretary of State with instructions to the Texas Secretary of State to forward the citation

to Nassar (Register Number 21504-050) in his prison cell located at USP Tucson 9300

South Wilmot Road, Tucson, Arizona 85756. The Clerk of Court is respectfully

requested to issue citation for service upon DR. LAWRENCE GERARD (LARRY)

NASSAR and send said service to counsel for Vega, Michael W. Kerensky, 440

Louisiana, Suite 2300, Houston, Texas 77002 for the purpose of effecting service upon

Nassar through the Texas Secretary of State.

3. Upon information and belief, USA Gymnastics was incorporated in Texas and has its

principal place of business in Indianapolis, Indiana. The causes of action asserted herein

arise out of said business conducted by USA Gymnastics in Walker County, Texas. USA

Gymnastics may be served with process by and through its registered agent CT

Corporation System located at 1999 Bryan Street Ste 900 Dallas, Texas 75201. The

Clerk of Court is respectfully requested to issue citation for service upon USA

GYMNASTICS, INC. and forward said citation to counsel for Vega, Michael W.

Kerensky, 440 Louisiana, Suite 2300, Houston, Texas, 77002 for the purpose of effecting

service upon USA Gymnastics through the appropriate manner.

4. Upon information and belief, the USOC is a corporation authorized to do business in

Texas with its principal place of business in Colorado Springs, Colorado. The causes of

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 action asserted herein arose out of business activity in Texas by the USOC. The USOC

may be served with process by and through its registered agent National Registered

Agents, Inc. located at 1999 Bryan St. Ste 900 Dallas, Texas 75201. The Clerk of Court

is respectfully requested to issue citation for service upon the UNITED STATES

OLYMPIC COMMITTEE and forward said citation to counsel for Vega, Michael W.

Kerensky, 440 Louisiana, Suite 2300, Houston, Texas, for the purpose of effecting

service upon the United States Olympic Committee through the appropriate manner.

4. Upon information and belief, Bela Karolyi is an adult male individual who, upon

information and belief, is a resident citizen of Walker County, Texas. For decades, Bela

Karolyi trained elite gymnasts to compete nationally and internationally and at the

Olympics. Service of Citation can be had upon Bela Karolyi at his home address located

at 454 Forest Service Rd. #200, Huntsville, Texas 77340. The Clerk of Court is

respectfully requested to issue citation for service upon BELA KAROLYI and forward

said citation to attorney for Vega, Bennie Rush, 1300 11th Street, Suite 300, Huntsville,

Texas 77340 for the purposes of effecting service upon Bella Karolyi.

5. Upon information and belief, Marta Karolyi is an adult female individual who, upon

information and belief, is a resident citizen of Walker County, Texas. Marta Karolyi

acted as the National Team Coordinator of USA Gymnastics from 2000 to 2016. Service

of Citation can be had upon Marta Karolyi at her home address located at 454 Forest

Service Rd. #200, Huntsville, Texas 77340. The Clerk of Court is respectfully requested

to issue citation for service upon MARTA KAROYLI and forward said citation to

attorney for Vega, Bennie Rush, 1300 11th Street, Suite 300, Huntsville, Texas 77340 for

the purposes of effecting service upon Marta Karolyi.

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6. Upon information and belief, Karolyi Training Camp is a limited liability company

formed in Texas which operated the Karolyi Ranch. Karolyi Training Camp may be

served with process by and through its registered agent Marta Karolyi located at 454

Forest Service Road #200, Huntsville, Texas 77340. The Clerk of Court is respectfully

requested to issue citation for service upon KAROLYI TRAINING CAMPS, LLC and

forward said citation to attorney for Vega, Bennie Rush, 1300 11th Street, Suite 300,

Huntsville, Texas 77340 for the purposes of effecting service upon Karolyi Training

Camp.

7. Upon information and belief, BMK is a limited partnership formed in Texas which owns

the Karolyi Ranch. BMK may be served with process by and through its registered agent

Bela Karolyi located at 454 Forest Service Road #200, Huntsville, Texas 77340. The

Clerk of Court is respectfully requested to issue citation for service upon BMK

PARTNERS, LTD and forward said citation to attorney for Vega, Bennie Rush, 1300

11th Street, Suite 300, Huntsville, Texas 77340 for the purposes of effecting service upon

BMK.

IV.

JURISDICTION AND VENUE

8. Venue is proper in Walker County, Texas, on the grounds that all or a substantial part of

the events or omissions giving rise to the claims asserted herein occurred in Huntsville,

Texas. This case is brought under Texas state law. The amount in controversy exceeds

the minimum jurisdictional limits of this Court. This court has jurisdiction over the

claims herein because the amount in controversy is within the jurisdictional limits of the

Court.

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 V.

RULE 47 DISCLOSURES

9. Vega seeks all elements of damages allowed under Texas law and the maximum amount

of punitive or exemplary damages allowed under Texas law. The amount of damages

sought exceeds $1,000,000.00 (ONE MILLION DOLLARS).

VI.

DISCOVERY CONTROL PLAN

10. Vega intends that discovery be conducted under Discovery Level 3 in accordance with

Texas Rule of Civil Procedure 190.4, and requests that the court enter a discovery control

plan tailored to the circumstances of this suit.

VII.

SUMMARY OF THE ACTION

11. Vega is a former elite gymnast who trained for four (4) years from 2008 through 2012

under the care and supervision of USA Gymnastics and the USOC. During that time,

Vega won medals and praise for her country, all the while she was being repeatedly

molested by convicted felon Nassar1, the team doctor for USA Gymnastics. USA

Gymnastics and the USOC gave Nassar unfettered access to vulnerable children who

were far away from their families and Nassar used the access provided by USA

Gymnastics and the USOC to serially abuse Vega and countless others. Nassar preyed

upon naïve underaged elite athletes suffering from legitimate injuries, often training and

1Nassar is now serving a 60-year prison sentence for federal child pornography charges. Nassar also received 40 to
125 years in prison after he pled guilty to three (3) charges of criminal sexual conduct in Eaton County in Michigan.
Nassar pled guilty to seven (7) counts of sexual assault in Lansing, Michigan and was sentenced to 40 to 175 years.

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competing through excruciating pain, and manipulated them into believing he was trying

to provide relief, while in fact he was molesting them for his own pleasure. The events

described herein reflect a massive top down institutional failure by USA Gymnastics and

the USOC. Specifically, USA Gymnastics and the USOC failed to implement necessary

procedures to educate USA Gymnastics staff and athletes on the prevention and reporting

of sexual misconduct thereby tacitly condoning Nassar’s outrageous and deviant

behavior. In doing so, USA Gymnastics together with the USOC, caused considerable

harm to Vega and knowingly exposed its athletes to sexual assault in order to protect

their own reputations. It is clear that USA Gymnastics and the USOC valued medals and

acclaim more than the safety and wellbeing of their athletes. USA Gymnastics and the

USOC were responsible for the safety and wellbeing of their athletes. USA Gymnastics

and the USOC breached their duty to Vega when they failed to supervise Nassar and

USA Gymnastics to ensure that USA Gymnastics and Nassar were following USOC

mandates. Further, the Karolyi Defendants operated the Karolyi Ranch where some or all

of the sexual assaults upon Vega and other gymnasts by Nassar were committed. The

Karolyi Defendants knew or should have known that Nassar was assaulting and sexually

abusing gymnasts entrusted to their care. The Karolyi Defendants did nothing to protect

gymnasts, including Vega, who were training at their site for weeks at a time. Vega and

other gymnasts, most of whom were minors at the relevant times, relied on the Karolyi

Defendants to provide a safe environment free from sexual assault, molestation and

abuse. The Karolyi Defendants wholly failed in their duty to provide a safe environment

free from sexual assault, molestation, and abuse. As a result of the Defendants’ conduct,

individually and collectively, Vega is physically traumatized and has experienced

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 extreme depression and anxiety. Vega suffers from post-traumatic stress disorder and

anxiety caused by Nassar’s abuse and USA Gymnastics, the USOC and the Karolyi

Defendants’ negligence.

VIII.

FACTUAL ALLEGATIONS

PLAINTIFF

12. Vega was born on May 24, 1995 in New York.

13. Vega trained as an elite gymnast with USA Gymnastics from 2008 through 2012.

14. While away from home, USA Gymnastics was responsible for Vega.

15. Vega was a member of the United States team that won gold at the 2011 World

Championships.

16. When Vega began training with USA Gymnastics, she was only twelve (12) years old.

17. During this time, Vega would spend approximately one (1) week per month training at

the Karolyi Ranch (the “Ranch”) in Texas. Upon information and belief, the Ranch was

the USA Gymnastics National Team Training Center and the United States Olympic

Training Center.

18. Vega travelled with USA Gymnastics throughout the United States and internationally to

numerous locations including Japan, Australia and Europe.

19. Vega was repeatedly sexually abused by Nassar under the supervision of USA

Gymnastics and the USOC from 2008 through 2012 at the Ranch and at competitions in

the United States and abroad.

20. This sexual abuse occurred at events where USA Gymnastics, the USOC and the Karolyi

Defendants were responsible for Vega’s safety. USA Gymnastics, the USOC and the

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 Karolyi Defendants were obligated to supervise Vega and ensure that the staff who was

hired or otherwise had access to the young gymnasts followed the proper procedures and

protocols regarding the protection of the gymnasts from sexual exploitation or abuse.

21. This complaint is brought pursuant to Texas Civil Practice & Remedies Code

§16.0045(a) which governs the statutes of limitation arising from sexual assault of a

child. As a victim sexual assault of a child, Vega has fifteen (15) years from the date of

her eighteenth (18th) birthday to commence an action and thus her Complaint is timely.

DEFENDANTS

USA Gymnastics

22. USA Gymnastics was incorporated in Texas and has its principal place of business in

Indianapolis, Indiana.

23. USA Gymnastics is the national governing body (“NGB”) for gymnastics in the United

States and is responsible for selecting and training the United States gymnastics team for

the Olympics and World Championships.

24. USA Gymnastics has more than 175,000 athletes and professional members, more than

145,000 athletes registered in competitive programs and more than 25,000 professional,

instructor and club members.

25. There are approximately 4,000 USA Gymnastics sanctioned competitions and events held

annually throughout the United States.

26. USA Gymnastics is the primary entity responsible for operating and controlling the

activities and behavior of its employee agents, including but not limited to Nassar.

27. USA Gymnastics’ Code of Ethical Conduct states:

Members of USA Gymnastics are expected to promote a safe environment

for participants, coaches, officials, volunteers and staff in all gymnastics

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 disciplines, which includes an environment free from sexual misconduct.
It is inconsistent with this obligation for any Member to: 1. Solicit or
engage in sexual relations with any minor. 2. Engage in any behavior that
utilizes the influence of a professional Member's position as coach, judge,
official or administrator to encourage sexual relations with an athlete or
participant. 3. Engage in sexual harassment by making unwelcome
advances, requests for sexual favors or other verbal or physical conduct of
a sexual nature where such conduct creates an intimidating, hostile or
offensive environment.

28. Under applicable laws, USA Gymnastics’ employees, agents and/or servants are

legally “mandated reporters” as their duties require direct contact and supervision

of children.

29. USA Gymnastics receives millions of dollars in private donations and public

support annually. Upon information and belief, USA Gymnastics turned a blind

eye or actively concealed the systemic abuse perpetrated by Nassar in order to

avoid public scrutiny, civil and/or criminal investigation and maintain the

financial support for its programs. This conduct was done at the expense of the

hundreds of child athletes in USA Gymnastics’ custody and control, of which

Vega is but one.

The United States Olympic Committee

30. The USOC is a corporation with its principal place of business in Colorado Springs,

Colorado. USOC is a federally chartered nonprofit corporation. The USOC is

responsible for the oversight of Olympic and Paralympic sport in the United States.

31. The USOC has an obligation to ensure that proper supervision will be provided for

athletes who will participate in the competition before granting organizations, such as

USA Gymnastics, a sanction to host national or international events.

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 32. By letter dated October 11, 1999, then president of USA Gymnastics Bob Colarossi put

the USOC on notice that the USOC membership and credentialing process was broken

and that he was “deeply concerned by the apparent indifference to the welfare of young

children” manifested in the USOC. At that time, USA Gymnastics tried to implement

stringent policies and procedures to protect its athletes from abuse and the USOC

disagreed with USA Gymnastics. Exhibit A.

33. In 2010, during the period of time that Vega was abused by Nassar, the USOC convened

what it called a “Working Group for Safe Training Environments” to address physical

and sexual abuse of athletes.

34. The USOC did not implement safety rules to protect its athletes until 2012 when it

announced a program called “SafeSport”. The “SafeSport” mission is to “create a safe

and positive environment for athletes’ physical, emotional and social development and to

ensure that it promotes an environment free of misconduct.” Obviously, this initiative

failed miserably.

Dr. Larry Nassar

35. Nassar is an adult male individual, who was at all relevant times a citizen of the State of

Michigan.

36. Upon information and belief, Nassar was hired by USA Gymnastics as a trainer in or

around 1986 and Nassar became the team medical director and physician for the

women’s gymnastics team in or around 1996.

37. Upon information and belief, Nassar provided alleged “treatments” to USA Gymnastics

athletes throughout the country and world.

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38. Nassar traveled with USA Gymnastics and provided the alleged “treatments” to gymnasts

at both national and international competitions.

39. Nassar was appointed by USA Gymnastics as a certified athletic trainer and Osteopathic

Physician for the gymnasts who trained for USA Gymnastics.

40. Nassar’s position as the USA Gymnastics team doctor provided him access to hundreds

of USA Gymnastics minor gymnasts.

41. USA Gymnastics entrusted Nassar with its athletes and Nassar used this position of trust

and confidence to exploit Vega and other gymnasts for his own perverse sexual

gratification. Nassar’s exploitation and sexual abuse of Vega and many other young

gymnasts occurred in many venues including but not limited to the Ranch in Walker

County, Texas.

42. Nassar acted with the apparent authority of USA Gymnastics.

43. Upon information and belief, a parent of a gymnast at Twistars USA Gymnastics Club

raised concerns about Nassar’s interactions with minor gymnasts in 1997.

44. Upon information and belief, complaints about Nassar’ conduct were made to Michigan

State University, his employer, as early as 1998.

45. Upon information and belief, Nassar was repeatedly informally reprimanded by USA

Gymnastics and the USOC for taking an inordinate number of photographs of young

female gymnasts.

46. Upon information and belief, Nassar’s conduct was not formally investigated or

communicated to gymnasts or their parents.

47. Nassar’s affiliation with USA Gymnastics continued until 2016.

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 48. Upon information and belief, had USA Gymnastics and the USOC properly implemented

safety policies and procedures and effectively investigated the abundant warning signs of

Nassar’s perverse behavior, Vega and countless other children would not have been

abused and the damage to Vega could have been avoided.

49. Due to USA Gymnastics and the USOC’s special relationship to Vega, USA Gymnastics

and the USOC had a duty and obligation under the law to advise parents and athletes

about Nassar’s past and deviant sexual behavior and propensities.

Karolyi Defendants

50. The Karolyi Defendants were responsible for supervising Vega and other minor gymnasts

while in their care at the Ranch.

51. The Karolyi Defendants allowed Nassar to come into contact with minor children,

including Vega, which provided him access to sexually molest them when he was

supposed to provide medical care and treatment.

52. The Karolyi Defendants were responsible for the Ranch and allowed Nassar to be alone

in cabins with Vega and other gymnasts which allowed him to sexually abuse them.

53. Upon information and belief, the Karolyi Defendants turned a blind-eye to Nassar’s

sexual abuse of Vega and other children.

FACTUAL ALLEGATIONS OF SEXUAL ABUSE

54. At all relevant times, Vega was a minor participant and member of USA Gymnastics and

was under its control, dominion and supervision.

55. Nassar worked for, was employed by, and/or was an agent/servant of USA Gymnastics

when he came into contact with Vega.

56. Nassar was the team physician and trainer for USA Gymnastics and the USOC.

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57. Nassar’s employment duties involved coordinating care, providing individual care and

providing for the physical needs and well-being of USA Gymnastics athletes including

but not limited to providing osteopathic adjustments and kinesiology treatment.

58. USA Gymnastics and the USOC knew or should have known that Nassar had engaged in

unlawful sexually-related conduct in the past and/or was continuing to engage in such

conduct.

59. USA Gymnastics and the USOC had a duty to disclose these facts to Vega, her parents

and others but intentionally or negligently concealed this information.

60. Upon information and belief, USA Gymnastics and the USOC knew or should have

known about Nassar’s propensity and disposition to engage in sexual misconduct with

minors before he sexually abused and molested her.

61. USA Gymnastics and the USOC failed to implement reasonable safeguards to avoid acts

of unlawful sexual misconduct by Nassar, including avoiding putting Nassar in a position

where contact and interaction with children is an inherent function.

62. USA Gymnastics and the USOC failed to implement protocols whereby a witness was

required to be present during any treatment of their athletes.

63. Early on in Vega’s training, she experienced a stress fracture in her back and she was

required to see Nassar for “treatment.”

64. Often, Vega would receive “treatment” Nassar with no one else in the room.

65. On other occasions, Debbie Van Horn, a USA Gymnastics trainer, was in the room

during the time Vega was treated by Nassar.

66. Although male coaches and trainers were not allowed to go into the gymnasts’ cabin at

the Ranch, Nassar was allowed to enter their cabins and give them “treatment” in a back

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 room without supervision. Upon information and belief, USA Gymnastics, the USOC

and the Karolyi Defendants implemented no procedures to ensure that its athletes were

safe.

67. Vega estimates that Nassar molested her hundreds of times at the Ranch and at

competitions throughout the United States and the world.

68. At first, Nassar’s “treatments” were ordinary, working on Vega’s range of motion,

exercises for her back and massages.

69. As part of the “grooming” of the gymnasts that he abused, Nassar would express empathy

to them about their tough trainers and grueling practice schedule.

70. Nassar portrayed himself to Vega and the other gymnasts as the “good guy” and, under

that guise, attempted to befriend and identify with them by talking about school and their

personal lives.

71. Over time, Nassar grew emboldened and his “treatment” of Vega grew increasingly

inappropriate.

72. Vega observed Nassar breathing heavily and closing his eyes while molesting her.

73. Nassar made Vega lie on a table or bed with no pants on.

74. Nassar massaged Vega’s back and massaged below her back and onto her buttocks.

75. When massaging Vega’s shoulders, Nassar massaged below the shoulders and brought

his hands onto Vega’s chest.

76. At times, Nassar worked on Vega’s thighs and he stroked her inner thighs in an

inappropriate fashion.

77. During almost every treatment, Nassar pulled Vega’s underwear to the side and

penetrated her vagina with his ungloved hand.

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78. At first, Nassar stroked inside of Vega’s vagina for only a few minutes and over time this

“treatment” lasted up to fifteen (15) minutes.

79. While Nassar inserted his fingers inside of Vega for his own pleasure, he tried to

convince her that this “treatment” would alleviate her pain and that it would release her

muscles and that would allow her to perform better as a gymnast.

80. Vega was only a child and while she felt Nassar’s “treatment” was peculiar and made her

uncomfortable, she did not understand at the time that he was sexually molesting her.

81. While training with USA Gymnastics, Vega observed that a lot of the other girls said

similar things about Nassar’s “treatment” but did not really understand what was

happening.

Today

82. During the years following Vega’s training with USA Gymnastics, Vega repressed the

trauma of her molestation by Nassar.

83. When the scandal of Nassar, USA Gymnastics and the USOC erupted throughout the

media, Vega was forced to confront and relive these memories and traumas again.

84. Vega retired from international competition and now competes in NCAA gymnastics for

the University of Georgia.

85. Vega’s depression and anxiety, caused by Defendants, interferes with her daily life.

86. Vega suffers from panic attacks and is sometimes even scared to even go outside.

87. Vega is seeing a counselor to help her cope with the severe psychological trauma

resulting from the abuse and the realization that the Defendants who were entrusted with

her safety failed to protect her from someone they knew or should have known was a

sexual predator.

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 VI.

CAUSES OF ACTION

CAUSE OF ACTION - GROSS NEGLIGENCE

AGAINST USA GYMNASTICS, THE USOC AND THE KAROLYI DEFENDANTS

88. Vega incorporates by reference all of the foregoing paragraphs as though set forth fully

herein.

89. By reason of the facts set forth above, USA Gymnastics, the USOC and the Karolyi

Defendants were negligent and grossly negligent regarding Nassar’s sexual molestation

and abuse of Vega, thereby proximately causing injuries and damages to Vega.

90. USA Gymnastics, the USOC and the Karolyi Defendants acted with gross negligence, as

that term is defined by Civil Practice Remedies Code §41.001(11). Specifically, the

aforementioned acts were done with conscious and willful indifference to Vega’s safety

and well-being and, as such, amount to gross negligence for which Vega seeks recovery

of actual damages as well as exemplary or punitive damages in an amount sufficient to

deter such unconscionable conduct in the future. The grossly negligent acts and conduct

of USA Gymnastics, the USOC and the Karolyi Defendants were in heedless and reckless

disregard of the rights of Vega and involved such want of care as to indicate that it was

the result of conscious indifference to her rights, welfare and safety.

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 CAUSE OF ACTION - NEGLIGENCE AGAINST USA GYMNASTICS,
THE USOC AND THE KAROLYI DEFENDANTS

91. Vega incorporates by reference all of the foregoing paragraphs as though set forth fully

herein.

92. While Vega trained at the Ranch with USA Gymnastics and the Karolyi Defendants

under the designation and supervision of the USOC, she was in the care of USA

Gymnastics, the USOC and the Karolyi Defendants. USA Gymnastics, the USOC and

the Karolyi Defendants were entrusted with the care, welfare and physical custody of

Vega and owed her a special duty of care that adults chaperoning children owe to protect

them from harm. The duty to protect and warn arose from this special relationship.

93. USA Gymnastics, the USOC and the Karolyi Defendants breached their duty of care to

Vega by allowing Nassar to come into contact with her without supervision.

94. Prior to and during the time that Nassar assaulted, molested and abused Vega, USA

Gymnastics, the USOC and the Karolyi Defendants knew or should have known that

Nassar had and was sexually and physically abusing as well as mentally abusing Vega

and other victims.

95. USA Gymnastics, USOC and the Karolyi Defendants singularly and collectively and

jointly and severally, committed negligence by failing to act as a reasonable and prudent

person would have under the same or similar circumstances.

96. Specifically, USA Gymnastics, the USOC and the Karolyi Defendants committed

negligence by:

a. Failing to implement policies and procedures to prevent the sexual abuse of

children, like Vega;

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 b. Failing to create and implement policies and procedures to prevent the hiring or

retention of would be sexual predators, like Nassar;

c. Failing to create and implement policies and procedures to ensure proper

supervision of children, such as Vega, entrusted to USA Gymnastics, the USOC

and the Karolyi Defendants;

d. Failing to ensure that any medical treatment she received would be within the

accepted standards of medicine;

e. Failing to warn or advise Vega or her parents what they knew, when they knew it

about Nassar’s proclivities for sexual exploitation or any other aberrant behavior

regarding his contact with gymnasts; and

f. Committing other acts of negligence which Vega shall further describe and prove

after an adequate time for discovery.

97. USA Gymnastics, the USOC and the Karolyi Defendants knew or by the exercise of

ordinary and prudent care should have known that permitting Nassar to be in any position

of authority, respect, and trust, particularly as a trainer and doctor to minor athletes,

posed an unreasonable risk of harm to the children of the camp.

98. USA Gymnastics, the USOC, and the Karolyi Defendants’ negligence, singularly and

collectively and jointly and severally, proximately caused Vega’s personal injuries,

emotional trauma and damages.

CAUSE OF ACTION - NEGLIGENT HIRING AND RETENTION AND SUPERVISION

AGAINST USA GYMNASTICS AND THE USOC

99. Vega incorporates by reference all of the foregoing paragraphs as though set forth fully

herein.

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100. By virtue of Vega’s special relationship with USA Gymnastics and the USOC,

USA Gymnastics and the USOC owed Vega a duty to provide reasonable supervision of

Nassar, to use reasonable care in investigating Nassar’s background, and to provide

adequate warning to Vega, Vega’s family and other minor athletes regarding Nassar’s

dangerous propensities. As organizations responsible for, and entrusted with, the welfare

of minor children, USA Gymnastics and the USOC had a duty to protect Vega and to

supervise and monitor Nassar.

101. USA Gymnastics and the USOC knew or should have known about Nassar’s

dangerous propensities and that Nassar was unfit to act as their agent.

102. Despite such knowledge, USA Gymnastics and the USOC negligently supervised,

retained and/or continued the employment of Nassar in a position of trust, confidence and

authority as a doctor of gymnasts in direct contact with minor children when it knew or

should have known of his dangerous sexual propensities.

103. At no time did USA Gymnastics or the USOC have in place or implement a

procedure to investigate, supervise or monitor Nassar and staff to prevent harassment,

molestation and abuse.

104. USA Gymnastics and the USOC knew or should have known that Nassar had

engaged in, and was continuing to engage in, unlawful sexual conduct with minors, and

had engaged in other felonies, for his own personal gratification, and that it was

foreseeable that he was engaging, or would engage in illicit sexual activities with Vega,

and others under a veil of the authority and trust of USA Gymnastics and the USOC.

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105. USA Gymnastics and the USOC were placed on actual or constructive notice that

Nassar had molested other minor athletes during his role as the team physician prior to

and during the time that Nassar sexually molested and abused Vega.

106. USA Gymnastics and the USOC failed to investigate, supervisor or monitor

Nassar to ensure the safety of those in their care.

CAUSE OF ACTION - VICARIOUS LIABILITY/RESPONDEAT SUPERIOR

AGAINST USA GYMNASTICS AND THE USOC

107. Vega incorporates by reference all of the foregoing paragraphs as though set forth

fully herein.

108. At all material times, Nassar was part of and employed as a doctor and team

trainer by USA Gymnastics and the USOC and was under USA Gymnastics and the

USOC’s direct supervision and control when he engaged in illicit sexual contact with

Vega.

109. As a doctor and team trainer, he acted upon delegated authority of USA

Gymnastics and the USOC as an agent, apparent agent or ostensible agent for them.

Nassar came to know Vega and gained access to Vega because of his status as a doctor

and team trainer for USA Gymnastics.

110. Nassar acted within the course of his position as USA Gymnastics and the USOC

Doctor. Nassar gained access to Vega and hundreds of other gymnasts because USA

Gymnastics and the USOC allowed his sexual abuse to pass as “treatment.” USA

Gymnastics and the USOC allowed Nassar to administer the fake “treatment” under the

guise of treating their pain.

111. Therefore, USA Gymnastics and the USOC are liable for the wrongful conduct.

Vega hereby invokes the doctrines of agency, apparent agency, agency by estoppel,

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 vicarious liability (including non-delegable duty) and respondeat superior as to USA

Gymnastics and USOC.

CAUSE OF ACTION - FRAUDULENT CONCEALMENT

AGAINST USA GYMNASTICS, THE USOC AND THE KAROLYI DEFENDANTS

112. Vega incorporates by reference all of the foregoing paragraphs as though set forth

fully herein.

113. USA Gymnastics, the USOC and the Karolyi Defendants were under the duty to

disclose the extent of the problem of sexual abuse of minor athletes by Nassar and the

severe psychological problems that would result from such abuse. USA Gymnastics, the

USOC and the Karolyi Defendants fraudulently concealed this information, allowing

Nassar access to children for his own sexual gratification. This fraudulent concealment

was a proximate cause of Nassar’s sexual abuse of Vega. If USA Gymnastics, the USOC

and/or the Karolyi Defendants had made full disclosure of what they knew, when they

knew it, about Nassar’s aberrant behavior with minor athletes, Vega and/or her parents

would have been in a position to protect Vega from Nassar’s sexual abuse.

CAUSE OF ACTION - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

AGAINST USA GYMNASTICS, THE USOC, KAROLYI DEFENDANTS AND NASSAR

114. Vega incorporates by reference all of the foregoing paragraphs as though set forth

fully herein.

115. Vega pleads intentional infliction of emotional distress against Defendants.

116. Defendants conduct toward Vega, as described herein, was so outrageous and

extreme such that it should not be tolerated in a civilized society.

117. A reasonable person would not expect or tolerate USA Gymnastics or the

USOC’s putting Nassar in a position of authority at USA Gymnastics or the USOC,

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 which enabled Nassar to have access to minor athletes including Vega so that he could

molest them.

118. By failing to report Nassar or abide by the legal reporting obligations and by

failing to notify parents of Nassar’s conduct and the allegations made against him, USA

Gymnastics, the USOC and the Karolyi Defendants knew that Vega would be directly

harmed.

119. As a result of the conduct, Vega suffered severe psychological harm and physical

injury and will continue to suffer as described herein for the foreseeable future.

120. In subjecting Vega to the willful conduct herein, USA Gymnastics, the USOC and

the Karolyi Defendants acted willfully and maliciously with the intent to harm Vega and

in conscious disregard of her rights and as a result of this conduct, Vega seeks actual and

punitive damages.

CAUSE OF ACTION - NEGLIGENT ASSUMPTION OF RISK OF

INTENTIONAL OR CRIMINAL CONDUCT AGAINST USA GYMNASTICS, THE
USOC AND THE KAROLYI DEFENDANTS

121. Vega incorporates by reference all of the foregoing paragraphs as though set forth

fully herein.

122. Vega alleges that USA Gymnastics, the USOC and the Karolyi Defendants are

liable for acts and/or commissions pursuant to Restatement (Second) of Torts, Section

302B, under the legal doctrine of negligent assumption of risk of intentional or criminal

conduct. An act or omission may be negligent if the actor realizes or should realize that it

involves an unreasonable risk of harm to another through the conduct of the other or a

third person which is intended to cause harm, even though such conduct is criminal.

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123. In this regard, Vega pleads Negligent Assumption of the Risk of Intentional

Conduct or Criminal Conduct based on the facts set forth above. Specifically, USA

Gymnastics, the USOC and the Karolyi Defendants knew or should have known that

Nassar was particularly likely to pose an unreasonable risk of harm to children.

124. USA Gymnastics, the USOC and the Karolyi Defendants’ wrongful conduct in

this regard, singularly and collectively and jointly and severally, proximately caused

Vega’s personal injuries, emotional trauma and damages.

CAUSE OF ACTION - SEXUAL ASSAULT AND BATTERY AGAINST NASSAR

125. Vega incorporates by reference all of the foregoing paragraphs as though set forth

fully herein.

126. Nassar repeatedly committed the intentional torts of assault and battery upon

Vega. Vega suffered physical and emotional harm as a result of Nassar’s attack upon

her. Vega seeks actual and punitive damages as a result of these outrageous intentional

torts.

VII.

DAMAGES

127. Vega incorporates by reference all of the foregoing paragraphs as though set forth

fully herein.

128. As a direct and proximate result of Defendants’ wrongful actions, Vega suffered

serious personal injury and mental anguish and trauma. Accordingly, Vega seeks the

following damages:

a. Reasonable and necessary medical, psychiatric and psychological expenses

incurred in the past;

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 b. Reasonable and necessary medical, psychiatric, and psychological expenses

reasonably likely to be incurred in the future;

c. Lost earning capacity in the future;

d. Mental anguish in the past;

e. Mental anguish in the future;

f. Physical and mental impairment in the past;

g. Physical and mental impairment in the future;

h. Physical and psychological pain/mental anguish suffered in the past;

i. Physical and psychological pain/mental anguish suffered in the future;

j. Loss of enjoyment and quality of life in the past;

k. Loss of enjoyment and quality of life in the future;

l. Punitive and/or exemplary damages;

m. Pre-judgment interest as recoverable by law at the highest rate available by law;

n. Post-judgment interest at the highest rate recoverable by law;

o. Attorneys’ Fees; and

p. Costs of Court.

IX.

DEMAND FOR JURY TRIAL

129. Vega hereby requests a jury trial.

X.

PRAYER FOR RELIEF

130. For these reasons, Vega respectfully prays that Defendants be cited to appear and

answer herein, and that upon a final hearing of this matter, judgment be entered for Vega

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against Defendants and that Vega be awarded the damages described above, and such

other and further relief, at law or in equity, to which she may be justly entitled.

Respectfully submitted,

MIKE KERENSKY PLLC

/s/ Michael W. Kerensky

__________________________________
Michael W. Kerensky
Texas Bar No. 11331500
The Lyric Centre
440 Louisiana, Suite 2300
Houston, Texas 77002
mike@kerenskylawfirm.com
(713) 228-5100

LAW OFFICES OF BENNIE D. RUSH, P.C.

/s/ Bennie D. Rush

__________________________________
Bennie D. Rush
Texas Bar No. 17400425
1300 11th Street, Suite 300
Huntsville, Texas 77340
bennie@bdrushlaw.com
(936) 295-0700
(936) 295-3330 Facsimile

DEALY SILBERSTEIN & BRAVERMAN, LLP

Milo Silberstein, Pro Hac Vice Pending

Maria Louisa Bianco, Pro Hac Vice Pending
225 Broadway, Suite 1405
New York, New York 10007
MSilberstein@DSBLawNY.com
MBianco@dsblawny.com
(212) 385-0066
(212) 385-2117 Facsimile

ATTORNEYS FOR PLAINTIFF

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