161130 IN THE CIRCUIT COURT FOR THE TWENTY-THIRD JUDICIAL CIRCUIT. DEKALB COUNTY, ILLINOIS. creo Sora ts JANE DOE and JOHN DOE, individually and) |SerenmctroscconmucreDa | on behalf of their minor child, JOY DOE, ) |greanons toocesrones } emo eer sree PLAINTIFFS, ) [patie a arrEe ant ROT ) [osehor cera sen orate y ) Case No 161130 ras? ) ENERGYM GYMNASTICS, INC, an Illinos conporation, ANDREW A MORREALE, ) Maureen A. Josh an individual, and JOSEPH R. HANNON, ) Becton Fed an individual, ) ee Tansee iO HRI 16L130 DEEN D ANTS) , FILEDATE:: 12202016 COMPLAINT Plamtiffs Jane Doe and John Doe, individually and on behalf of their minor child, Joy Doe, complain against Defendants Encrgym Gymnastics, Inc , Andrew A Morreale and Joseph R_ Hannon, as follows PARTIES, | Plaintiffs Jane Doc and John Doc are individuals who are marned to one another and residing 1m Illinois (the “Does”) 2 The Does have a minor female child, Plaintiff Joy Doe, who resides with them, 3 Defendant Energym Gymnastics, Inc. 1s a corporation authorized and conducting busincss in hnois whose principal place of business 1s located at 1715 DeKalb Avenue, Sycamore, nots 60178 (*Energym”) Energym’s website (www.energymsports com/About-Us html) states that t provides gymnastics mstruction to children “beginning at the age of 18 months up through senior year of high school ™161130 4 Defendant Andrew A Morreale 1s a gymnastics coach and the owner of Energym. Morreale resides at 2934 Greenwood Acres Drive, DeKalb IL. 60115-4937. 5. Atall umes relevant to this Complaint, Defendant Joseph R_ Hannon was employed by Energym and Morreale, Hannon resides in DeKalb, Ilhnoxs and his last known address was, ‘on information and belief, an apartment located at, within or proximate to Energym, 1715 DeKalb Avenue, Sycamore, Illmots 60178 Court records indicate that Hannon may no longer live there and 1s currently incarcerated 1n the DeKalb County Jai! JURISDICTION AND VENUE 6 The Court has jurisdiction over the subyect matter and the parties to this action and venue is proper before this tribunal as the Defendants engaged in the wrongful conduet m DeKalb County, llnors FACTS COMMON TO ALL COUNTS 7 The Does enrolled their minor year old daughter Joy in Energym's “Ninja Zone” class in or about May 2016 8. Energym’s website describes the Ninja Zone class as follows’ “This Brand NEW Curriculum 1s comprised of a clever combination of Gymnastics, Maral Arts, & Cross Training for ages 4-12 that teaches. Obstacle course for Strength and Agihty; Ninja traning (nina style fips, rolls, kicks, vaults) Just hike what you would see on a video game or in the movies! Gymnastics, Tumbling and Break Dancing Beyond the Skills you will also learn * Confidence * Being Part of a Group * Impulse Control * Dicsipline. (SIC] For success in school, sport, and life, a child that learns to channel their impulse and energy towards a focused goal will succeed 1 all endeavors” 9 The Does paid $210 for Joy to participate una sixty (60) minute class once per week for eight (8) weeks (the “Class") 10, Hannon was one of three instructors teaching the Class.16L130 All sessions of the Class were held on Energym’s premises using the faciities and {nstrumentalites under the control of Energym and Morreale 12, Joy attended the Class starting in June, 2016, 19 In or about md July 2016, Joy informed her mother Jane Doe that Joy no longer wanted to g0 to the Class '4 When Jane Doe inquired of Joy about why she did not want to go tothe Class anymore, Joy Stated that she did not feel comfortable going there again because she didnot like the way one of the instructors touched her during Class instruction 15 Jane Doe did not understand the extent or nature of the touching Joy had experienced 16 Joy became extremely upset each time the Does urged her to attend the remainder of the scheduled sessions of the Class 17 The Does decided not to force Joy to retum to the Class 18 Joy did not attend any more sessions of the Class, 19 Jane Doe called Energym on atleast two occasions to inform Defendants that Joy did not feel comforable going to the class anymore and left messages cach time requesting a retum phone call 20 No one from Energym retumed Jane Doe's telephone calls or otherwise responded to the messages she left 21 On or about December 7, 2016, the Does received a telephone call from a Sycamore Police dnvestigator informing them that Hannon had been arrested and charged with one count of aggravated criminal sexual abuse relating to inappropriate touching of a different minor child16.130 22 When the Does asked Joy about her contact with Hannon, Joy burst anto tears and stated again that he had touched her undemeath her shorts and underpants 23. On or about December 8, 2016, Joy underwent a forensic interview that confirmed Hannon had sexually assaulted Joy by reaching underneath her shorts and underwear and touching hee genvals during the Class at Energym. 24 Tannon also fondled and groped Joy repeatedly during sessions of the Class at Energym, 25 On or about December 9, 2016, Hannon was charged with an additional count of aggravated ‘criminal sexual abuse in connection with bis criminal sexual conduct with Joy, as Case No. 1612-00046 26, Records from the DeKalb County Circuit Clerk reflect that as of May 2016, Hannon hed humerous prior convietions for drug related offenses 27 In 2013, Hannon was charged with Class 2 and Class 3 drug related felonies and later pleaded guilty to felony Possession of a Controlled Substance, a Class 4 felony 28 Hannon was a convicted felon on probation with a history of other misdemeanor drug related convicuons at all Limes relevant to this Complaint 29, Energym did not conduct a background check on Hannon. 30 Energym and Morreale did not disclose to the Does that a convicted felon on probation would be teaching the Class 31 Enereym and Morreale did not disclose to the Does that Hannon in particular was @ convicted felon as of May 2016 32. Energym and Morreale did not disclose to the Does that Hannon was on probation as of May 2016,16L130 33 Energym and Morreale did not disclose to the Does that Hannon had been convicted of numerous drug related crimes prior to May 2016 Count] Battery (Brought by PI tiff Joy Doe against Defendant Hannon) 34 Plaintiffs repeat and re-allege the allegations of Paragraphs 1-33 as if fully set forth in this Count 1 35 Hannon willfully and without authorization touched Joy with the mention of causing, harmful or offensive contact, 36 Hannon committed battery agaist Joy by knowingly, without legal justification by any ‘means, making physical contact of an insulting and provoking nature with Joy and caused bodily harm to Joy by touching her gemtals during one or more sessions of the Class. 37 Plarntiff Joy Doe was physically harmed and psychologically damaged by Hannon’s unauthorized, harmful and offensive contact, WHEREFORE, Plaintiff Joy Doe, by and through her parents Plaintiffs John Doe and Jane Doe, prays that this Court enter judgment in her favor and against Defendant Joseph R Hannon in an amount equal to all of her damages, but not less than $50,000, and grant Plaintiff any and all further relief this Court deems yust. ‘Count It Negligent Infliction of Emotional Distress (Brought by Plaintiff Joy Doe against Defendant Hannon) 38, Plaintiffs repeat and re-allege the allegations of Paragraphs 1-37 as if fully set forth in this Count Il16L130 39 Atal times relevant to this Complaint, Hannon was under a duty to exercise reasonable care 8088 to avoid intentionally harming others or from so conducting himself as to create an unreasonable risk of bodily harm to others while teaching children using the facilitics and anstrumentalthes of Energym and Morreale 40 Hannon breached this duty by sexually assaulting, committing battery and causing a senes of direct impacts between himself and the person of Joy 41 Hannon’s breach of this duty caused definite bodily and psychological harm to Joy. 42 Hannon’s breach of duty and direct impact on Joy caused a contemporaneous physical mjunes, bodily harm and emotional distress to Joy. WHEREFORE, Plamuff Joy Doe, by and through her parents Plaintiffs John Doe and Jane Doe, prays that this Court enter judgment in her favor and against Defendant Hannon im an amount equal to all of her damages, but not less than $50,000, and grant Plaintiff any and all further relief this Court deems yust Count 1 Negligence: Failure to Protect 1 Minor from Attack (Brought by Plaintiff Joy Doe against Energym and Morreale) 43. Plaunufis repeat and re-allege the allegations of Paragraphs 1-42 es if fully set forth in this Count 11 44 Acall times relevant to this Complaint, Energym and Morreale employed Hannon as an instructor of children at Energym 45 During the course of his employment, and specifically m 2016, Energym and Morreale had ‘the right to control the manner that Hannon did the work of an Energym instructor: 16L130 46 Energym and Morreale knew or had reason to know that they had the abulity to control Hannon as un Energym employee 47 Energym and Morreale knew that Hannon would have direct contact with children in this position as an Energym employee 48 Encrgym and Morreale knew or should have known that Hannon was a convicted felon on probation who had commutted a senes of crimes of moral turpitude as of 2016 49 Energym and Morreale knew or should have known of the necessity and opportunity for exereising such control over Hannon given Hannon’s status as a convicted felon on probation 50 Hannon sexually assaulted Joy during one or more sesstons of the Class while teaching as 4an instructor and agent employed by Energym and Morreale 51. Specifically, Hannon sexually assaulted Joy while teaching her in the Class on the premises of, and using the facihities and mstrumentalities of, Energym and Morreale, 52. Hannon’s sexual assault of Joy occurred contemporancously with Energym’s and Morreale’s right 1o control Hannon as their employee and agent 53 Energym and Morreale were under a duty to exercise reasonable care to control Hannon so 85 to prevent him from intentionally harming others or from so conducting himself as to reate an unreasonable risk of bodily harm to others while Hannon was on the premises of and teaching children using the facihties and mmstrumentalities of Energym and Morreale, 54 Energym and Morreale are lable for fasling to protect Joy from the harm caused to her by Hannon’s sexual assault WHEREFORE, Plainuff Joy Doe, by and through her parents Plaintiffs John Doe and Jane Doe, prays that this Court enter judgment in her favor and against Defendants Energym 7161.130 Gymnastics, Inc and Andrew A Morreale in an amount equal to all of her damages, but not less than $50,000, and grant Plaintiff any and all further relief this Court deems just. Count IV Negligent Hiring (Brought by All Plaintiffs against Energym and Morreale) 55 Plaintiffs repeat and re-allege the allegations of Paragraphs 1-54 as if fully set forth inthis Count 1V 56 Energym and Morreale were requued by law and otherwise had a duty to exercise easonable care and caution in the investyyation and hiring of Hannon to work as instructor 1m lose pronimity to minors and mn direct physical contact with children 37 Energym and Morreale negligently or carclessly fatled to conduct a criminal background check on Hannon before or after he was hired to teach and have direct physical contact with ‘minors at Encrgym and thereafter allowed Hannon to remain as an employee of Energym when the cnminal background check would have disclosed his convictions for crimes of ‘moral turpitude and probationary status made him unfit for such employment. $8 As of 2016, Eneryym and Morreale knew or should have known that Hannon was parnicularly unfit to work as an instructor m close proximity to and in direct contact with children due to his numerous convictions for crimes of moral turpitude and status as a convicted felon on probation 59 Energy and Morreale knew o1 should have known that Hannon’ criminal background rendered him so unfit for this position as to create a danget of harm to minor students of Energym16L130 60 Energym and Morreale knew or should have known at the tume of hiring that Hannon had a criminal background exhibiting moral turpitude which made him for a position that allowed him unsupervised direct physical contact with minors. 61 Energym and Morreale placed Hannon m the position where he could and did myure children hike Joy it 62 Hannon's documented propensity for criminal behavior proximately caused the myunies claimed by Plants (63_knergym and Moneale had a duty to protect Joy from the perils and hazards she was Iikely to encounter during direct and unsupervised contact with Hannon as an Energym student 64 Plaintiffs. injuries occurred by virtue of and because of Hannon’s employment by Encrgym and’ Morreale 65. Energy's and Morreale’s failure to exereise reasonable eare and caution 1m the hiring and !nvestigation of Hannon was @ proximate cause of the sexual assault und Joy's injuries 66 The Does have also suffered injury and mental anguish as a proximate result of the sexual assault of Joy. WHEREFORE, Plainnffs pray that this Court enter judgment in therr favor and against Defendants Energym Gymnasts, Inc, and Andrew A. Morreale in an amount equal to all of their damages, but not less than $50,000, and grant Plaintiffs any and all further relief this Court deems just16130 Count v Negligent Supervision (Brought by All Plaintiffs against Energym and Morreale) 67 Plamtffs repeat and re-allege the allegations of Paragraphs 1-66 as if fully set forth in this Count V 68 Energym and Morreale had a duty to supervise employee Hannon 69 Energym and Morreale owed Joy a duty to exercise reasonable care and caution in the supervision of Hannon 70. Energym and Morreale negligently or carelessly fatled to supervise Hannon m that they fasled to conduct a criminal background check on Hannon before or after he was hired to teach and have direct physical contact with mmors at Energym and thereafter allowed Hannon to remain as an employee of Energym when the cruminal background check would have disclosed his convictions for erimes of moral turpitude and probationary status made hum unfit for such employment 71. On mnformation and behef, Encrgym and Morreale also negligently or carelessly fasled to employ any procedures to determine whether or not Hannon was competent and fit for his job 72. Energym and Morreale either fatled to supervise Hannon or negligently supervised Hannon and allowed hum the proximity and opportunuty to sexually asseult Joy. 73 Joy was physteally and psychologically injured by Hannon, 74 Energym’s und Morreale's negligence proximately caused Joy’s injuries 75 The Does have also suffered myury and mental anguish as a proximate result of the sexual assault of Joy 1016L130 WHEREFORE, Plains pray that this Court enter judgment in ther favor and against Defendants Energym Gymnastics, Ine and Andrew A Morreale in an amount equal to all of ‘heir damages, but not less than $50,000, and grant Punts any and all further relief this Court deems just Count VI Respondeat Superior ~ Battery (Brough¢ by Plaintiff Joy Doe against Energym and Morreale) 76 Plauntfis repeat and re-allege the allegations of Paragraphs 1-75 as if fully set forth in this Count VI 77 Energy and Morreale are hable for Hannon’s tort of battery against Joy because, as alleged above, they were negligent or reckless n hiring and supervising Hannon 78 Energym and Morreale are also lable for Hannon's tort of battery against Joy because Hannon was aided in accomplishing the battery by the existence of the agency relation, ‘namely his position as an instructor at Energym entrusted with dhrect proxumaty to and physical contact with minors 79 Morreale had supervisory and managerial authority over Hannon in the conduct of his employment as an Energym instructor 80 As alleged above, Energym and Morreale had a duty to exercise reasonable care to control "anon inorder fo prevent bu trom intentionally harming others or from so conducting ‘himself as to create an unreasonable risk of bodily harm to them under certain conditions. 81 Tlannon was on Energym’s premises using Energym's facilities and instrumentaliies when he sexually assaulted Joy u16L130 82. Joy was physically and psychologically injured as a proximate result of Hannon’s sexual assault WHEREFORE, Plainuff Joy Doe, by and through her parents, John Doe and Jane Doe, Prays that this Court enter judgment 1n her favor and agaist Defendants Energym Gymnastics, Ine and Andrew A Morreale in an amount equal to all of her damages, but not less than $850,000, and grant Plaintff any and all further relief this Court deems yust Count vi Respondeat Superior ~ Negligent Infliction of Emotional Distress (Brought by Plaintiff Joy Doe against Energym and Morreale) 83. Plainuffs repeat and re-allege the allegations of Paragraphs 1-82 as if fully set forth in this Count VIL 84 Energym and Morreale are liable for Hannon’s tort of negligent infliction of emotional distress against Joy because, as alleged above, they were negligent or reckless 1n hing and supervising Hannon 85. Energym and Morreale are also liable for Hannon’s tort of negligent infliction of emotional distress against Joy because Hannon was aided in accomplishing the battery by the existence ofthe ageney relauon, namely his position as an mstructor at Energym entrusted wit direct Proximity to and physical contact with minors 86 Morreale had supervisory and managerial authonty over Hannon in the conduct of his employment as an Energym instructor 87 As alleged above, Energym and Morreale had a duty to exereise reasonable care to control Hannon 1n order to prevent him from intentionally harming others or from so conducting himself as to create an unreasonable nsk of bodily harm to them under certain conditions 216L130 88 Hannon was on Energym’s premises using Energym’s facities and instrumentalities when he sexually assaulted Joy 89 Joy was physically and psychologically inured as a proximate result of Hannon’s sexual assault WHEREFORE, Plamnniff Joy Doe, by and through her parents, John Doe and Jane Doe, prays that this Court enter judgment in her favor and against Defendants Energym Gymnastics, Inc and Andrew A Morreale in an amount equal to all of her damages, but not less than $50,000, and grant Plaintiff any and all further relief this Court deems just. Dated: December 20, 2016 Respectfully submitted, JOHN DOE JANE DOE ‘And minor child, JOY DOE By:_/s/ Elizabeth R, Bacon ‘One of their attorneys, Douglas C Tibble Elizabeth R Bacon Brooks, Tarulis & Tibble, LLC 1733 Park Street, Ste 100 Naperville, IL 60563, (630) 355-2101 (T) (630) 355-7843 (F) dubble@NapervilleLaw com ebecon@NapervilleLaw com 3