Facts

Jane Doe went to Massage Envy in San Mateo for a scheduled massage with masseur Kevin Bradshaw. She had previously received a massage from Bradshaw in the same location with no incident. Plaintiff claimed that Bradshaw inappropriately touched her during the massage.

Plaintiff told Bradley to stop, and he began massaging her again. She again told him to stop, and he left the room. She immediately spoke with a Massage Envy manager and provided a detailed report of the incident.

Burbank was subsequently terminated from his position at Massage Envy, but was later hired by a nearby spa where he continued to sexually batter numerous female customers. He was terminated from his position after plaintiff informed the spa of his acts and the spa conducted its own investigation.

Plaintiff sued Bradshaw for sexual assault and battery. She also sued SF Peninsula GME LLC d.b.a. Massage Envy San Mateo for premises liability and negligent hiring.

Bradshaw was arrested following the incident, and he was charged with sexual battery of three women, including plaintiff. He was convicted in two of the three cases in 2008, and served six months in the county jail.

A default was entered against Bradshaw in a civil case filed against him. He was also involved in numerous cases with another spa, which later settled.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Bradshaw stroked her in the buttocks and extremely close to her vagina, which made her feel uncomfortable and upset. Further, she claimed that Bradshaw suddenly, and without warning, started caressing her genital area and kissed her between her legs.

DEFENDANT'S CONTENTIONS:
Massage Envy denied any liability for plaintiff's claims. It claimed that it had no knowledge of Bradshaw's propensities as it had conducted an online background check on him and there had been no customer complaints prior to the incident. Further, it claimed that Bradshaw's massage license was verified and that he was trained on Massage Envy's zero-tolerance policy for inappropriate contact and the company's standards of practice policy.

Damages

Plaintiff sought damages for severe mental anguish and emotional distress.

Injuries

Plaintiff alleged she suffered from severe anxiety and emotional distress over Bradshaw's criminal proceedings. She also claimed that she continues to suffer mental and emotional distress as a result of the incident.

Result

Plaintiff agreed to settle the matter for $200,000 with Massage Envy prior to trial.