The Doral Golf Resort and Spa is facing its fifth lawsuit stemming from an employee who sexually assaulted female customers. The employee, a masseur, has been arrested twice for the sexual assault of two different women.
The latest suit was filed by a woman who was in town from North Florida for a wedding. She claims that David Munoz improperly touched her during a body scrub in September. After the incident occurred, she complained to management. What she didn't know at this time is that he was already under investigation for similar incidents.
The lawsuit alleges that Munoz was allowed to continue working after already being investigated for other sexual assaults. Despite these investigations, the spa allowed him to continue to massage women.
If its true that the spa allowed him to continue working after multiple complaints, then the resort could be found liable for this claim. Amongst other potential claims, the central one here is most likely negligent retention of this employee.
When an employer learns of the misconduct of one its employees and fails to terminate them, this may be considered negligence. For example, let's say a tour bus company fails to fire a driver who repeatedly causes car accidents. If this employee were to cause an accident that lead to the wrongful death of another driver, the company may be held liable under a theory of negligent retention of an employee.
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About the Author - Gabriel de las Salas is an attorney with the law firm of Alvarez & Barbara, LLP. His practice is focused on general civil and commercial litigation, including personal injury, insurance claims and real estate disputes. Mr. de las Salas received his B.A., cum laude, from the University of Florida, and his J.D., from Stetson University College of Law.
