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Filing # 120190589 E-Filed 01/25/2021 03:54:58 PM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
DIVISION - AF
Case No.: 50-2020-CA-014445-XX
JANE DOE,
Plaintiff,
VS.
BOCA RATON REGIONAL
HOSPITAL, INC. d/b/a BOCA
RATON REGIONAL HOSPITAL
and DEVON BRIGANTI
Defendants.
Defendant, BOCA RATON REGIONAL HOSPITAL, by and through
wwAavaiconad anwnaal and anes A TMavida Duala af Civil Dennaduen 1 1AN havahs:
UNGEISI~Nea COUNSE: aid pursuant tG Piorida Rue OF Civil Procedure 1.140 MeLGUY
files this Motion to Dismiss Plaintiffs Complaint and in support thereof states as
follows:
INTRODUCTION
1. On December 22, 2020, Plaintiff Jane Doe filed the instant lawsuit
alleging that while she was a patient at Boca Raton Regional Hospital, an ED Tech
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identified as Devon Briganti sexually assaulted her. See Exhibit I, Complaint for
damages.
2, In connection with this alleged incident, Plaintiff asserted claims of
Negligent Hiring (Count I), Negligent Retention (Count II), Negligent Supervision
(Count IID), Negligent Security (Count IV), and Vicarious Liability (Count V)
against the defendant asserting that “Devon Briganti was able to commit the sexual
assault against the Plaintiff based solely on the authority and position afforded him
by Boca Raton Regional Hospital.”
3. Plaintiff fails to state a proper factual basis for Counts II and III.
Further, Counts II and III are duplicative of one another and should be dismissed.
4. Count IV is irrelevant with respect to the facts set forth in the
complaint and should be dismissed.
5. Count V should also be dismissed. Under well- established Florida
law, sexual assaults and batteries by employees are outside the scope of an
employee's employment and there is no basis to impose vicarious liability on the
employer.
6. Paragraphs 35 through 37 of the complaint, which are incorporated
into all counts of the Complaint are speculative, impertinent and scandalous. The
1938658Case No.: 50-2020-CA-014445-XX
Plaintiff has not met the required evidentiary basis for alleging these claims and
therefore these claims must be stricken.
7, Tn addition, Plaintiff fails to state a nroner factual hasis/relevance as
Paragraphs 40, 44, and 47b alleged in Count I and therefore these paragraphs must
be stricken.
ARGUMENT
I. Counts II (Negligent Retention) and III (Negligent
Supervision) should be dismissed as the counts fail to allege
ultimate facts supporting liability; moreover Counts I and IIT
are duplicative.
A. The Complaint fails to allege ultimate facts to
support Counts II(Negligent Retention) and II
(Negligent Supervision).
For both these claims, the plaintiff must allege actual or constructive notice
by the employer of the employee’s unsuitability. “In order to state a cause of action
for the tort of negligent retention recognized in Florida, a plaintiff must allege facts
showing that the employer was put on notice of the harmful propensities of the
employee.” Willis v. Dade County Sch. Bd., 411 So. 2d 245, 246 n.1 (Fla. 3d DCA
1982).[Emphasis added]. Count II and III fail to do so.
1938658Case No.: 50-2020-CA-014445-XX
To prove a claim for negligent retention, the plaintiff must demonstrate an
identified history of conduct on the part of the employee at the time he was hired,
or subseanent to his hiring, sufficient to confer actual or constrnetive notice unon
of an alleged dangerous propensity of the employee in order to take the action
outside of the general rule that sexual batteries are held to be outside the course
and scope of an employee’s employment. See Total Rehabilitation & Medical
Centers, Inc. v. E.B.O, 915 So. 2d 694 (Fla. 3d DCA 2005). See also Magill v.
Bartlett Towing, Inc., 35 So. 3d 1017 (Fla. 5" DCA 2010) and Iglesia Cristiana La
Casa Del Senor, Inc. v. L.M., 783 So. 24 353 (Fla. 3d DCA 2001).
Similarly, with regard to negligent supervision, the employer must have had
constructive or actual notice of the employee's unfitness to work in the role for
which he/she is employed in order to be liable for negligent supervision. See M.V.
v. Gulf Ridge Council Boy Scouts, Inc., 529 So. 2d 1248 (Fla. 2d DCA
1988); Garcia v. Duffy, 492 So.2d 435 (Fla. 2d DCA 1986); Stephenson v. School
Bd. of Polk County, 467 So.2d 1112 (Fla. 2d DCA 1985).
In neither the recitation of facts giving rise to the claim, nor within Counts II
or III, are there any factual allegations whatsoever that would support these claims.
Plaintiff claims that Defendant “breached these duties to the Plaintiff by: a.
Allowing Devon Briganti to have unsupervised and unfettered access to female
1938658Case No.: 50-2020-CA-014445-XX
patients while in the hospital when the hospital knew of his past sexual
inappropriate and physically inappropriate behavior”.
Even in Florida, where nleading rules are liberally construed, it is reanired
that plaintiffs show some factual basis for their claim. See Fla. R. Civ. P. 1.110; see
also Doyle v. Flex, 210 So. 2d 493 (Fla. 4th DCA 1968) (finding that the plaintiffs
failed to state a cause of action where their complaint asserted “mere legal
conclusions” and was devoid of “any allegations showing any conduct” to support
their negligence claim against the defendants); Cunningham v. Florida Dept. of
Children & Families, 782 So. 2d 913, 919 (Fla. Ist DCA 2001) (“It is not enough
merely to advise the defendant of the theory of the action.”); Goldschmidt v.
Holman, 571 So. 2d 422 (Fla. 1990). As drafted, it is not possible for the
Defendant to investigate nor defend these conclusory allegations and therefore,
Counts IT and II must be dismissed.
B. Counts II and III are duplicative
There is no distinction between “negligent retention” in Count II, and
“negligent supervision”, which is asserted in Count III. Similarly, in Count III,
Plaintiff references “Boca Raton Regional Hospital knew or should have known
about his past sexual inappropriate and physically inappropriate behavior but failed
to investigate or take any measures to prevent such acts of sexual abuse, sexual
1938658Case No.: 50-2020-CA-014445-XX
assault or improper conduct”, which overlaps with the Negligent Hiring alleged in
Count I.
Claims for negligent retention and sunervision have the same elements:
“{t]he primary distinction between a claim for negligent hiring and a claim for
negligent supervision or retention concerns the time at which the employer is
charged with knowledge of the employee's unfitness.” Malicki v. Doe, 814 So. 2d
347, (Fla. 2002) at 362 n.15. While a claim for negligent hiring is based on an
employer’s knowledge and investigation prior to hiring, liability for negligent
supervision or retention arises “after employment begins, where the employer
knows or should know of an employee's unfitness and fails to take further action
such as ‘investigating, discharge or reassignment.’” Jbid. (citation omitted).
Il. Count IV Negligent Security and Allegations Pertaining thereto
A. Count IV asserting Negligent Security is impertinent, not supported
by any factual basis and should be dismissed
Count IV asserts a claim against Boca Raton Regional Hospital
for negligent security. Specifically, Count IV alleges that Boca Raton Regional
Hospital failed to provide Plaintiff with adequate security because Devon
Briganti’s actions against Plaintiff were reasonably foreseeable in light of
“criminal violence and/or sexual battery” within the Defendant’s “geographic
1938658Case No.: 50-2020-CA-014445-XX
location” ({ 66.) Count IV should be dismissed because Plaintiff failed to allege
sufficient facts to state a claim for negligent security.
In Florida, “negligent security cases fall under the auspices of premises
liability as opposed to ordinary negligence.” Nicholson v. Stonybrook Apartments,
LLC, (Fla. 4° DCA 2015). Unlike in ordinary negligence cases, a defendant's duty
of care in a premises liability action depends “on the plaintiff's status to the
land.” Id. at 494.
In Hammer v. Lee Memorial Health System, (M.D. Fla. 2018), the court held
that under Florida premises liability principles, a property owner owes two duties
to a business invitee: “(1) to take ordinary and reasonable care to keep its premises
reasonably safe for invitees; and (2) to warn of perils that were known or should
have been known to the owner and of which the invitee could not
discover.” Delgado v. Laundromax, Inc., 65 So. 3d_1087, 1089 (Fla. 3d DCA
2011). “The duty of care owed by a landowner to an invitee with respect to
protection from criminal acts of a third person is dependent upon the foreseeability
of that third party's activity.” Admiral's Port Condo. Ass'n, Inc. V. Feldman, 426
So. 2d 1054, 1054 (Fla. 3d DCA 1983).
1938658Case No.: 50-2020-CA-014445-XX
Plaintiff has asserted no facts demonstrating that the alleged sexual assault
was foreseeable. Moreover, it is axiomatic that a general premises liability claim
asserting that a nattern of criminal activity within a ceooranhic area gave rise to the
foreseeability of an attack is inapposite in a claim in which Plaintiff is asserting
that the hiring of a specific individual created the risk to this specific Plaintiff.
Thus, Plaintiff has failed to state a claim for negligent security and therefore Count
IV should be dismissed.
B. Paragraphs 35 through 37 are speculative, impertinent and
scandalous. The Plaintiff has not met the required evidentiary basis
for alleging these claims
Paragraphs 35 through 37, which are incorporated into all counts of the
Complaint, falsely allege that crimes in the nearby geographic location of Boca
Raton Regional Hospital or in the medical field creates foreseeability that a sexual
assault on a patient is likely. While scintillating and scandalous, the Complaint
provides no factual basis for these unwarranted and otherwise baseless allegations.
Moreover, insofar as the Negligent Security Count should be dismissed for reasons
asserted herein, Paragraphs 35 through 37 are irrelevant. Therefore, Paragraphs
35 through 37 of the Complaint must be stricken.
1938658Case No.: 50-2020-CA-014445-XX
Ill. Count V asserting the Defendant is liable for an alleged sexual battery
committed by an alleged employee should be dismissed under well-
established Florida law
Plaintiff has asserted that Devon Briganti, an ED Tech working at Roca
Raton Regional Hospital, committed a sexual assault upon her while she was a
patient at their hospital and that Defendants are vicariously liable. However, under
well-established Florida law, sexual assaults are outside the scone of employment
and employers are not responsible for sexual assaults by an employee:
Generally, sexual assaults and batteries by employees are held to be
outside the scope of an employee’s employment and, therefore,
insufficient to impose vicarious liability on the employer. See City
of Green Cove Springs v. Donaldson, 348 F.2d 197 (5th Cir.1965);
Bozarth v. Harper Creek Board of Education, 94 Mich.App. 351,
288 N.W.2d 424 (1979); 6 Am.Jur.2d Assault & Battery § 139
(1963). The general rule is that an employer cannot be held liable
for the tortious or criminal acts of an employee, unless they were
committed during the course of the employment and to further a
purpose or interest, however excessive or misguided, of the
employer. See Weiss v. Jacobson, 62 So.2d 904 (Fla.1953); De
Jesus v. Jefferson Stores, Inc., 383 So.2d 274 (Fla. 3d DCA 1980);
Lay v. Roux Laboratories, Inc., 379 So.2d 451, (Fla. 1st DCA
1980); Martin v. United Securities Services, Inc., 373 So.2d 720
(Fla. 1st DCA 1979); Andrews v. Norvell, 65 Ga.App. 241, 15
S.E.2d 808 (1941); W. Prosser, Torts, § 70 at 464, 465 (4th ed.
1971).
Nazareth vy. Herndon Ambulance Service, Inc., 467 So.2d 1076 (1985). See also
Iglesia Cristiana La Casa Del Senor, Inc. v. L.M., 783 So. 2d 353 (Fla. 3d DCA
2001). (“We conclude that there is no respondeat superior liability for the alleged
1938658Case No.: 50-2020-CA-014445-XX
sexual misconduct by Pastor Rivers; as a matter of common sense, having sexual
relations with a counselee is not part of the job responsibilities of a minister);
Dewaard v, United Methodist Church, 793 So, 24 1038, 1041
41 (Fla, 3d DCA 2001)
(Plainly the sexual conduct alleged by plaintiffs was for the personal motives of the
pastor, and not designed to further the interests of the church). See also See Goss
v, Human Servs. Assocs., 79 So. 3d 127, 132 (Fla. 5 DCA 2012).
Other states have reached similar conclusions in similar circumstances
relying on Nazareth, supra. See also Zsigo v. Hurley Medical Center, 475 Mich.
215 (2006) (the Michigan Supreme Court held that the employee of a medical
center was not acting within the scope of his employment when he engaged in acts
of sexual misconduct with patient, and thus the medical center was not vicariously
liable for the sexual misconduct of the employee. See also GL. v. Kaiser
Foundation Hospitals, Inc., 306 Or. 54 (1988).
Here, it is evident that Devon Briganti, an ED Tech, was not employed to
sexually assault patients. There is no allegation that his job duties and
responsibilities included sexually assaulting patient, nor would logic or common
sense support same. Thus, if proven to be true, Devon Briganti’s alleged act of
sexual assault was done for his own personal motives and not to further the
interests of the Defendants.
1938658Case No.: 50-2020-CA-014445-XX
If Devon Briganti did have offensive contact with the Plaintiff which was
unrelated to the provision of medical care or treatment, then his misconduct would
be considered ontside the scone of his emnlovment and thus, an intentional tort for
which no liability would attach to his alleged employer, the Defendants. Thus,
even if Plaintiff's scandalous allegations are to be taken as true, the Plaintiff has
failed to state causes of action against the Defendants for vicarious liability upon
which relief can be granted with respect to Count V of the Complaint. See Weiss
v. Jacobson, 62 So. 2d 904 (Fla. 1953) (there is no liability of a master for
intentional acts of a servant who has stepped aside from his the duties of his
employment to commit a tort); Ruiz v. Aerorep Group Corp., 941 So. 2d 505 (Fla.
3d DCA 2005); Perez v. Zazo, 498 So.2d 463, 465 (Fla. 3d DCA 1986); Gowan v.
Bay County, 744 So.2d 1136, 1138 (Fla. Ist DCA 1999); Bryant v. CSX Transp.,
Inc., 577 So.2d 613, 615 (Fla. Ist DCA 1991); Tallahassee Furniture Co., Inc. v.
Harrison, 583 So.2d 744, 758 (Fla. lst DCA 1991). Therefore, Count V must be
dismissed.
IV. Paragraphs 40, 44 and 47b are irrelevant, immaterial and unsupported
by any factual basis
Lastly, Paragraph 40 of Count I states that “Boca Raton Regional Hospital
was required by its accrediting agency and by the Federal Government to
1938658Case No.: 50-2020-CA-014445-XX
investigate the character of its employees” without asserting which agency or
statute so requires. Further, Paragraph 44 of Count I states “Boca Raton Regional
Hosnital failed to imnlement nolicies and/or nrocedures regarding the sunervision
of employees to ensure that vulnerable patients were protected and secure from
physical assault and harm.” The Complaint contains no factual support for these
otherwise baseless, conclusory allegations. Furthermore, Paragraph 47b states
Defendant breached a duty to the Plaintiff by “Failing to contact individuals with
important information and knowledge regarding Devon Briganti” without asserting
which individuals were required to be contacted and what information they would
have obtained had they done so. Therefore, Paragraphs 40, 44, and 47b should
stricken from the Complaint.
WHEREFORE, Defendant, BOCA RATON REGIONAL HOSPITAL,
prays this Honorable Court enter an Order dismissing the Plaintiff's Complaint for
the above-stated grounds and any and all other relief this Honorable Court deems
just and proper.
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to the attorneys listed on the
attached service list, via E-Portal, on January 25, 2021.
1938658Case No.: 50-2020-CA-014445-XX
FALK, WAAS, HERNANDEZ, SOLOMON,
MENDLESTEIN & DAVIS, P.A.
Attorneys for Defendant, Boca Raton
Regional Hospital, Inc. d/b/a Boca Raton
Regional Hospital
1900 NW Corporate Blvd., Suite 210-E
Boca Raton, FL 33431
Telephone: (561) 367-2510
Facsimile: (561) 807-6633
By: Owaldo-T. Orteaw
Osvaldo J. Ortega
Florida Bar No.: 1024823
RoseMarie Antonacci-Pollock
Florida Bar. No: 509752
1938658Case No.: 50-2020-CA-014445-XX
SERVICE LIST
David J. Brevda, Esq.
Senior Justice Law Firm
7700 Congress Avenue
Suite 3216
Boca Raton, FL 33487
Telephone: (561) 717-0817
Email: Eservice@SeniorJustice.com
Attorneys for Plaintiff, Jane Doe
1938658Filing # 118649191 B-Filed 12/22/2020 05:32:17 PM
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT OF FLORIDA, IN AND
TS
FOR PALM BEACH COUNTY
JANE DOE, GENERAL JURISDICTION DIVISION
Plaintiff, Case No:
Vv.
BOCA RATON REGIONAL HOSPITAL,
INC. d/b/a BOCA RATON REGIONAL
HOSPITAL, and
DEVON BRIGANTI,
Defendants. 7 -
“J
’ COMPLAINT FOR DAMAGES
‘The Plaintiff, JANE DOE,’ individually, sues Defendants, BOCA RATON REGIONAL
HOSPITAL, and DEVON BRIGANTI, and files this Compiaint, and aiieges:.
JURISDICTIONAL STATEMENT AND IDENTIFICATION OF PARTIES
1. This is an action for damages in excess of this Court’s minimum jurisdictional
limits, exclusive of interest and costs.
2. ‘Venue is proper in Palm Beach County, Florida, where one or more of the
Defendants reside and the events giving rise to this action occurred.
3. Plaintiff, JANE DOE, is a resident of Palm Beach County, Florida.
4. Defendant BOCA RATON REGIONAL HOSPITAL, INC. d/b/a BOCA-RATON
REGIONAL HOSPITAL is a private health care facility that conducts business in Palm Beach
1 The Plaintiff files this Complaint ‘anonymously based on the fact that she is'a victim of a sexual.
an md wrinhian ta mat Les at
battery and wishes t6 Got have her identity Kowa to ihe puouc,Jane Doe v. Boca Raton Regional Hospital, et al.
Page 2 of 18
County, Florida and operates a hospital in Boca Raton, Florida known as BOCA. RATON
REGIONAL HOSPITAL.
5. DEVON BRIGANTIis an ED Tech who, at all times relevant to this claim, was an.
employee, agent, and/or servant of BOCA RATON REGIONAL HOSPITAL.
6. Atall times material hereto, DEVON BRIGANTI, ED Tech, was aresident of Palm
Beach County, Florida. :
FACTS GIVING RISE TO CAUSE OF ACTION
7. Around 12:57AM on October 16,2020, JANE DOE was an admit
at BOCA RATON REGIONAL HOSPITAL. JANE DOE was admitted for chest pain and
headaches starting on October 15, 2020.
8. DEVON BRIGANTI was assigned by BOCA RATON REGIONAL HOSPITAL
io be JANE DOE's ED Tech on October 16, 2020.
9. Prior to hiring DEVON BRIGANTI, BOCA RATON REGIONAL HOSPITAL
either conducted a background check into his nursing, criminal, employment and legal past and/or
should have conducted a background check into his nursing, criminal, employment and legal past.
10. Prior to being hired by, or during his employment with, BOCA RATON
REGIONAL HOSPITAL, DEVON BRIGANTI was arrested for violent acts including assault,
domestic battery, and cruelty towards a child.
11. Multiple complaints had-been levied against DEVON BRIGANTI arising out of
inappropriate behavior conducted by DEVON BRIGANTI as a hospital employee.
12. In addition, DEVON BRIGANTI’s background made him inappropriate for
employment at this hospital.” Jane Doe v. Boca Raton Regional Hospital, et al.
Page 3 of 18
13. BOCA RATON REGIONAL, HOSPITAL either knew about these past
transgressions of DEVON BRIGANTI and hired/retained him regardless of the fact that he was
unfit to be an ED Tech; and/or BOCA RATON REGIONAL HOSPITAL failed to properly
investigate: DEVON BRIGANTI as an ED Tech. Additionally, BOCA RATON REGIONAL
HOSPITAL allowed DEVON BRIGANTI to continue his employment with the hospital despite
being inappropriate and unfit for continued employment. °
14. Medical records of JANE DOE reveal that DEVON BRIGANTI was in her hospital
room at approximately 1:35 AM on October 16, 2020. :
15. _At or around that time, DEVON BRIGANTI personally inserted an IV into JANE
DOE. ;
16. Prior to admission to BOCA RATON REGIONAL HOSPITAL, JANE DOE had
consumed aicohoi, and taken a prescription of Ativan im the hospital parking jot.
17. Ativan is.a controlled substance in the drug class known as Benzodiazepine.
Common side effects of Ativan include tiredness, dizziness, unusual changes in mood or behavior,
confusion, weakness, memory loss, and others.
18. At the hospital, JANE DOE. was administered multiple drugs intravenously,
including Fioricet and Toradol.
19. Fioricet is a controlled substance that includes Butalbital, a sedative. Commion side
effects of Fioricet include drowsiness, confusion, lightheadedness, dizziness, intoxication, and
others. Toradol is a controlled substance used for pain relief. Common side effects’ of Toradol
include tiredness, dizziness, headaches, disorientation, and others.
20. DEVON BRIGANTI had access to JANE DOE’s hospital chart, which included
JANE DOE’s recent ingestion of prescription drugs and alcohol.Jane Doe v. Boca Raton Regional Hospital, et al.
Page 4 of 18
21. During a visit by DEVON BRIGANTI to JANE DOE’s room in the early moming
of October 16, 2020, DEVON BRIGANTI began to tuck JANE DOE into bed with hospital covers.
22. DEVON BRIGANTI put his hands underneath JANE DOE’s body, starting at her
ankles and working his way up to the top of her legs. DEVON BRIGANTI then asked JANE DOE
if she told the doctor that she was on birth control.
23. JANE DOE was unable to consent to sexual relations, due to her mental state.
24. DEVON. BRIGANTI took advantage of JANE DOE in her intoxicated state and
proceeded to force sexual intercourse with JANE DOE using his penis.
‘98. DEVON BRIGANTI, without consent from JANE DOE, inserted his penis into
JANE DOE’s mouth and then inserted his penis into JANE DOE’s vagina without consent.
26. JANE DOE did not give DEVON BRIGANTI consent to sexual intercourse. JANE
DOE. was hospitalized and under the influence of controlled substances and alcohol which
prohibited her ability to fight back, scream for help, or leave.
27. | DEVON BRIGANTI was wearing his nursing scrubs/miform when he’ sexually
battered JANE DOE and he was able to carry out-this sexual attack by the use of his authority,
position, medication, and stature as an ED Tech at BOCA RATON REGIONAL HOSPITAL.
28. DEVON BRIGANTI was able to sexually assault JANE DOE as a result of the
opportunity and seclusion that was provided to him by his employer, BOCA RATON REGIONAL
HOSPITAL.
29. “DEVON BRIGANTI’s sexual battery of JANE DOE occurred within the course
and scope of his employment with BOCA RATON REGIONAL HOSPITAL.
30. DEVON BRIGANTI’s ability and opportunity to sexually batter JANE DOE was-
allowed and aided by his employment as a nurse for BOCA RATON REGIONAT. HOSPITAT.,"the crimin
Jane Doe v. Boca Raton Regional Hospital, et al.
Page 5 of 18
ACTUAL AND/OR CONSTRUCTIVE NOTICE
31. DEVON BRIGANTI had been arrested for violent acts including assault, domestic
battery.and child abuse prior to being hired and/or during his:employment with BOCA RATON.
REGIONAL HOSPITAL.
32. DEVON BRIGANTI’s background made him unfit for employment around
vulnerable patients like JANE DOE.
33. | BOCARATON REGIONAL HOSPITAL either knew or should have known ‘about
riminal to hiring or during the emnlovment of DEVON
BRIGANTI but BOCA RATON REGIONAL HOSPITAL failed to properly investigate. Asa
result, DEVON BRIGANTI was allowed access to isolated and vulnerable patients.
FORESEEABILITY =
34, Based on DEVON BRIGANTI’s history of sexually and physically inappropriate
behavior it was reasonably foreseeable to BOCA RATON REGIONAL HOSPITAL that DEVON
BRIGANTI would attack and. assault. vulnerable. and. isolated patients at BOCA RATON
REGIONAL HOSPITAL.
35. Prior to the sexual battery of JANE DOE, there were sufficient acts of violence,
sexual attacks, rapes, sexual violence, and violence in the nearby geographic location and in the
, medical field which put BOCA RATON REGIONAL HOSPITAL on notice that the likelihood of
a sexual assault on a patient was reasonably foreseeable.
36. PalmBeach County has a recent history of hospital patients being sexually battered
by hospital. staff ‘such that it was reasonably foreseeable to BOCA RATON REGIONAL
HOSPITAL that a sexual battery on a patient would occur.Jane Doe v. Boca Raton Regional Hospital, et al.
Page.6 of 18
2
37. BOCA RATON REGIONAL HOSPITAL failed to take reasonable actions to
prevent JANE DOE’s sexually battery based its foreseeability and the trend in the medical field of
patients being sexually battered by caregivers.
COUNT I
mreimas acumen nani ni man praranriy mAcnrmir
RAUL AAU L DUA IL ULY LUUOLU INA UDELL AL
NEGLIGENT HIRING
The Plaintiff realleges and reaffirms each and every allegation contained in paragraphs 1
through 37 of this Complaint as if fully asserted herein.
38. BOCA RATON REGIONAL HOSPITAL knew or should have known about
DEVON BRIGANTI’s disposition of sexual inappropriate, violent and physically inappropriate
behavior.
39. The information regarding DEVON BRIGANTI’s prior bad acts was publicly
available to BOCA RATON REGIONAL HOSPITAL. BOCA RATON REGIONAL HOSPITAL
either accessed that information during the hiring process of DEVON BRIGANTI or should have
accessed that information as part of its background check of DEVON BRIGANTI.
40.. BOCA RATON REGIONAL HOSPITAL ‘was required by its accrediting agency
and by the Federal Government to investigate the character of its employees, especially those who
have access to patients like JANE DOE. However, BOCA RATON REGIONAL HOSPITAL
failed to properly investigate the character of DEVON BRIGANTI prior to hiring him.
41. BOCA RATON REGIONAL HOSPITAL knew or should have known that
DEVON BRIGANTI was unfit to be an ED Tech employed by the hospital based on his prior
sexually and physically inappropriate behavior.
42. BOCA RATON REGIONAL HOSPITAL was either aware or should-have been
aware of the problems with DEVON BRIGANTI aud failed to take any action against him duringJane Doe y. Boca Raton Regional Hospital, et al.
Page 7 of 18
the hiring process such as further investigation or refusal to hire.
43. At the time of the sexual battery, Plaintiff was an admitted and isolated female
patient who was under the influence of a controlled substance, As such, Plaintiff was a vulnerable
individual who would make an easy target for an individual attempting to sexually batter her.
44. BOCA RATON REGIONAL HOSPITAL failed to’ implement policies and/or
procedures regarding the supervision of employees to ensure that vulnerable patients were
protected and secure from physical assault and harm.
45. BOCA ‘RATON
investigation into DEVON BRIGANTI during ‘the hiring process when doing so would have
revealed that he was unfit to be an ED Tech at BOCA RATON REGIONAL HOSPITAL.
46. BOCA RATON REGIONAL HOSPITAL owed Plaintiff a duty to ensure that she
would be safe and tree ftom physical assault, sexual battery, and harm.
47. BOCARATON REGIONAL HOSPITAL breached these duties to the Plaintiff by:
a. Failing to perform an adequate background check on DEVON
BRIGANTI and investigate the disciplinary actions against him,
criminal arrests, and employment history;
b. Failing to contact individuals with important information and
knowledge regarding DEVON BRIGANTI; and
c. Failing to act reasonably under the circumstances.
48. Based on DEVON BRIGANTI’s prior bad acts and sexual inappropriate and
physically inappropriate behavior, it was reasonably foreseeable that DEVON BRIGANTI would
attack and assault vulnerable and isolated patients at BOCA RATON REGIONAL HOSPITAL.
49. As a vroximate result. Plaintiff was raned nhucically and cevnalliy ahneed and
: 44S 2 proximate result, Plamtiit was raned, physically and sexually alJane Doe ». Boca Raton Regional Hospital, et al.
Page 8 of 18
assaulted, and suffered bodily injury. and resulting pain and suffering, mental anguish, loss of
capacity for the enjoyment of life, past, present, and future emotional and physical distress,
extreme emotional mental and psychological injury, embarrassment, humiliation, shame, all of
which exist to this day and will continue in the future.
WHEREFORE, Plaintiff, demands judgment for, damages, interest, and costs, against
BOCA.RATON REGIONAL HOSPITAL, and a jury trial on all issues 80 triable as a matter of
right.
COUNT IE
CLAIM AGAINST BOCA RATON REGIONAL HOSPITAL
NEGLIGENT RETENTION
‘The Plaintiff realleges and reaffirms each and every allegation contained in paragraphs 1
through 37 of this Complaint as if fully asserted herein. -
50. Before the sexual abuse and sexual assaults were committed against Piaintiff,
Defendant BOCA RATON REGIONAL HOSPITAL, was aware and/or was put on notice of the
potentially harmful propensities of DEVON BRIGANTI. ‘
51. Plaintiff was within the zone of foreseeable risk created by BOCA RATON
REGIONAL HOSPITAL’s employment of DEVON BRIGANT! since BOCA RATON
REGIONAL HOSPITAL knew or should have. known about his past sexual inappropriate and
physically inappropriate behavior, but BOCA RATON REGIONAL HOSPITAL failed to
investigate or take any measures to prevent such acts of sexual abuse, sexual assault or improper
conduct.
52. BOCA RATON REGIONAL HOSPITAL knew, or should have known, about the
harmful propensities of DEVON BRIGANTI.
53. Even after obtaining nowledve or constretive notice of the harmful nronensities
22. Sven alter obtaining nowrlecse or constructive nonce of the arm! propensitiesJane Doe v. Boca Raton Regional Hospital, et al.
Page 9 of 18
of DEVON BRIGANTI, BOCA RATON REGIONAL HOSPITAL allowed DEVON BRIGANTI
to remain an ED Tech thereby endangering vulnerable patients such as Plaintiff. 7
54. BOCARATON REGIONAL HOSPITAL owed Plaintiff duty to terminate and/or
discipline staff that were unfit, unqualified and/or did not have the disposition to be in contact with
female patients or patients at-large. =H
55. BOCARATON: REGIONAL HOSPITAL breached these duties to the Plaintiff by:
a. Failing to discharge, terminate or reassign DEVON BRIGANTI before
he came into contact
b. Failing:to appropriately investigate and analyze appropriateness for
continued employment;
c. After receiving notice of the histoty of sexual inappropriate and
physically inappropriate behavior by DEVON BRIGANTI, allowing
him to continue in-his job duties and fmnctions; and
d.. Failing to act reasonably under the circumstances,
56. .As-a proximate result, Plaintiff was raped, physically and'sexually abused and
assaulted, and suffered bodily injury and resulting pain and suffering, mental anguish, ‘loss. of
capacity for the enjoyment of life, past, present, and future emotional and physical distress,
extreme emotional mental and psychological injury, embarrassment, humiliation, shame, all of
which ‘exist to this day and will continue in the future.
t
WHEREFORE, Plaintiff, demands judgment for damages, interest, and costs, ‘against
BOCA RATON REGIONAL HOSPITAL, and a jury trial on all issues'so triable as a matter of
right.Jane,Doe-v. Boca Raton Regional Hospital, et al.
Page 10 of 18
COUNT DT
CLAIM AGAINST BOCA RATON REGIONAL HOSPITAL
NEGLIGENT SUPERVISION
The Plaintiff realleges and reaffirms each and every allegation contained in paragraphs. 1
through 37 of this Complaint as if fully asserted ‘herein.
57. Before’ the’ sexual abuse and sexual assaults were committed against: Plaintiff,
Defendant, BOCA RATON REGIONAL HOSPITAL, was aware and/or was put on notice of the
potentially harmful propensities of DEVON BRIGANTL
58.
REGIONAL HOSPITAL employment of DEVON BRIGANTI since, BOCA. RATON
REGIONAL HOSPITAL knew or should have known about his past sexual inappropriate and
physically inappropriate behavior, but BOCA RATON REGIONAL. HOSPITAL failed to
investigate or take any measures to prevent such acts of sexual abuse, sexual assault or improper
conduct.
59. Even after cbiaining Inowledge or constructive notice of the harmful propensities
of DEVON BRIGANTI, BOCA RATON REGIONAL HOSPITAL allowed DEVON BRIGANTI
to remain an ED tech thereby endangering vulnerable patients such as Plaintiff.
60. BOCA RATON REGIONAL HOSPITAL owed Plaintiff a duty to supervise .
DEVON BRIGANTI and/or discipline staff that Were unfit, unqualified and/or did not have the
disposition to be in contact with female patients or patients at-large, but failed to do so.
61. _BOCARATON REGIONAL HOSPITAL breached these duties to the Plaintiff by:
a. Allowing DEVON BRIGANTI to have unsupervised and unfettered
access to female patients while in the hospital when the hospital knew
of his past sexual inappropriate and vhvsicallv inanronriate hehavior:
+ oe BO poy sscony Map ET ogre vem nen
10Jane Doe v. Boca Raton Regional Hospital, et al.
Page 11 of 18
b. Failing to appropriately supervise and monitor DEVON BRIGANTI
and
c. Failing to act reasonably under the circumstances.
62. As a proximate result, Plaintiff. was raped, physically and sexually abused and
assaulted, and suffered bodily injury and resulting pain and suffering, mental anguish, loss of
capacity for the enjoyment of life, past, present, and future emotional and physical distress,
extreme emotional mental and psychological injury, embarrassment, humiliation, shame, all of
which exist to this day and will continue in the future.
WHEREFORE, Plaintiff, demands judgment for. damages, interest and costs, against
BOCA RATON REGIONAL HOSPITAL, and a jury trial-on all issues so triable as a matter of
right.
CLAIM AGAINST BOCA RATON REGIONAL HOSPITAL
NEGLIGENT-SECURITY
The Plaintiff realleges and reaffirms each and every allegation contained in paragraphs 1
through 37 of this Complaint as if fully asserted herein.
63. At all times material, BOCA RATON REGIONAL HOSPITAL, through its
employees, servants, agents, security personnel, and/or representatives acting within the course
and scope of their employment, owed a duty of care to its invitees, patients, patrons, employees, -
executives, and anyone on the premises to provide adequate security measures able to protect
against reasonably foreseeable acts of criminal violence and sexual battery.
64. Atal times material, BOCA RATON REGIONAL HOSPITAL, in its own capacity
and/or through its employees, servants, agents, security personnel, and/or representatives acting
within the course and scope of their employment, knew or should have known that DEVON
VWJane Doe v. Boca Raton Regional Hospital, et al.
Page 12 of 18
BRIGANTI had a propensity to commit violent and/or sexually inappropriate acts towards female
patients and vulnerable individuals and BOCA RATON REGIONAL HOSPITAL knew about
these propensities within a-reasonable time frame before the date of the incident complained of
herein.
65. Atal times material, BOCA RATON REGIONAL HOSPITAL, in its own capacity
and/or through its employees, servants, agents, security personnel, and/or representatives acting
‘within the course and scope of their employment, knew or should have known that acts of criminal
violence and/or sexual battery badbeen perpetrated by similar nurses/hospital employees or others
at BOCA RATON REGIONAL HOSPITAL prior to the sexual battery of JANE DOE.
66. Atal times material, BOCA RATON REGIONAL HOSPITAL, in its own capacity
and/or through its employees, servants, agents, security personnel, and/or representatives acting
Within the course and scope of their empioymeni, imew or should have known that acts of criminal
violence and/or sexual battery had been perpetrated by similar nurses/hospital employees in the
near geographic area and it knew that future similar acts were reasonably foreseeable to occur at
BOCA-RATON REGIONAL HOSPITAL.
67. As such, the criminal attack perpetrated on the date complained of was reasonably
foreseeable to BOCA RATON REGIONAL HOSPITAL, and-BOCA RATON REGIONAL
HOSPITAL was in a position superior to alll others to appreciate such hazards and take necessary
steps to prevent harm to its invitees, patrons, employees, etc., including the Plaintiff.
68. However, BOCA RATON REGIONAL HOSPITAL, through its employees,
servants, agents, security personnel, and/or representatives acting within the course and scope of
their employment, was negligent and breached its duty of care to the Plaintiff by committing the
following acts and/or omissions, including, but not limited to:
12Jane Doev. Boca Raton Regional Hospital, et al,
Page 13 of 18
a. Failure to intervene during the'sexual assault;
b. failure to use reasonable caré in the exercise of security measures;
c.. failure to act when reasonable care was required;
d. failure to provide sufficient amount of security;
e. failure to keep all parts of the premises secure;
f. failure to maintain a code of security rules and regulations responsive
to the type of conduct described in this Complaint;
g. failure to adequately train security personnel;
h. failure to adequately supervise security personnel;
i. failure to adequately supervise nursing personnel;
j. failure to employ adequately skilled and experienced security
personnel; :
k. failure to warn invitees, patrons, employees, agents, etc. of the nature
and character of the hospital knowing that acts of criminal violence
were reasonably foresceable;
1. failure to have sufficient guards in visible area to deter crime;
na. failure to install a sufficient amount of security. cameras in the hospital
and other areas to deter and record criminal acts:
n.. failure to take additional security measures after being on notice that
the security measures were inadequate prior to the incident complained
of
o. failure to create and maintain an atmosphere of deterrence upon the
premises; and.
p. failure to recognize an unreasonably unsafe and/or unsecure condition
on the premises.
69. Because of the past acts of DEVON BRIGANTI, which were either known or
should haye been known by BOCA RATON REGIONAL HOSPITAL, the assault of JANE DOE
13" Jane Doe v. Boca Raton Regional Hospital, et al.
Page 14 of 18
wes reasonably foreseeable to BOCA RATON REGIONAL HOSPITAL and adequate: security
measutes to protect JANE DOE from the foreseeable assault were not taken.
70. As a proximate result, Plaintiff was raped, physically and sexually abused and
assaulted, and suffered bodily injury and resulting pain and suffering, mental anguish, loss of
capacity for the enjoyment of life, past, present, and future emotional and physical distress,
extreme emotional mental and psychological injury, embarrassment, huniliation, shame, all of
which exist to this day and will continue in the future.
WHEREFORE, Plaintiff, demands judgment for damages, interest, and ‘costs, against
BOCA RATON REGIONAL HOSPITAL, and a jury trial on all issues so triable,
‘ COUNT V.
CLAIM AGAINST BOCA RATON REGIONAL HOSPITAL
VICARIOUS LIABILITY
‘The Piaintiit realleges and reatimms each and every’ailegation contained in paragraphs i
through 37 of this Complaint as if fully asserted herein.
71. At all times material hereto DEVON BRIGANTI was an employee, agent, and/or
servant of BOCA RATON REGIONAL HOSPITAL.
72. DEVON BRIGANTI was able to commit the sexual assault against the Plaintiff
based solely on the authority and position’ afforded him by: BOCA-RATON REGIONAL
HOSPITAL. .
73. The sexual battery of JANE DOE was aided and assisted by the employment and/or
agency relationship between DEVON BRIGANTI and BOCA RATON REGIONAL HOSPITAL.
74. DEVON BRIGANTI was able to sexually batter JANE DOE solely as.a result of
the employment:and/or agency relationship “between DEVON BRIGANTI and BOCA RATON:
REGIONAL HOSPITAL.Jane Doe v. Boca Raton Regional Hospital, et al.
Page 15 of 18
t
75. “BOCA RATON .REGIONAL HOSPITAL, as the employer of DEVON
BRIGANTI, either knew or should have known of the dangerous propensities of DEVON
BRIGANTI.
76. BOCA RATON REGIONAL HOSPITAL, as the employer of DEVON
BRIGANTI, either knew or should have known of the prior bad acts of DEVON BRIGANTI, that
he would sexually assault patients like JANE DOE. :
77. DEVON BRIGANTI was within the scope and course of his employment when he
assaulted JANE DOE because the assault occurred congmuently with the medical care that he was
providing to JANE DOE.
78. DEVON BRIGANTI was provided unfettered access to the Plaintiff's hospital
room based solely on his position as a registered nurse for BOCA RATON. REGIONAL
HOSPITAL and the sexual assauit agaist the Plaintitf occurred based on the position of authority
provided to DEVON BRIGANTI by BOCA RATON REGIONAL HOSPITAL.
79. DEVON BRIGANTI assaulted JANE DOE at the same time that he was allegedly
providing medical care to her pursuant to his job at BOCA RATON REGIONAL HOSPITAL.
80. BOCA RATON REGIONAL HOSPITAL is vicariously liable for the actions of
DEVON BRIGANTI becatse. BOCA RATON REGIONAL HOSPITAL, as the employer of
DEVON BRIGANTI, either knew or should have known of the dangerous propensities of DEVON
BRIGANTI prior to the sexual battery of JANE DOE.
81. ‘ BOCA RATON REGIONAL HOSPITAL is vicariously liable for the actions of
DEVON BRIGANTI because DEVON BRIGANTI was able to sexually batter JANE DOE solely.
as aresult of the employment and/or agency relationship between DEVON BRIGANTI and BOCA.
15Jane Doe v. Boca Raton Regional Hospital, et al.
Page 16 of 18
RATON REGIONAL HOSPITAL, and said attack occurred. in the course and scope of
BRIGANTI’s employment with BOCA RATON REGIONAL HOSPITAL.
‘WHEREFORE, Plaintiff, demands judgment for damages, interest;.and costs, against
BOCA RATON REGIONAL HOSPITAL, and a. jury trial on all issues so triable‘as a matter of
right. é
- counrvI
CLAIM AGAINST DEVON BRIGANTI
ASSAULT AND BATTERY
The Plaintiff realleges and reaffirms each and every allegation contained in paragraphs 1
through 37 of this Complaint as if fully asserted herein.
: 82. As more fully set forth hereinabove, the Defendant, DEVON BRIGANTI, raped,
sexually assaulted and sexually battered the Plaintiff.
83. At all times matetial hereto, the actions and conduct of the Defendant, DEVON
BRIGANTI, in sexually assaulting and battering the Plaintiff, were without the permission and/or
consent of the Plaintiff,
84. Atall times material hereto, the actions and conduct of the Defendant, DEVON
BRIGANTI, in sexually assaulting and battering the Plaintiff, were unwarranted. The Plaintiff
had an apprehension of ‘unwanted touching caused by Defendant, DEVON. BRIGANTI.
85. DEVON BRIGANTI committed a battery when he, without consent, made sexual
contact with the Plaintiff with his penis.
86, The Plaintiffs apprehension of unwanted touching was caused directly by
Defendant, DEVON BRIGANTI.
16Jane Doe v. Boca Raton Regional Hospital, et al.
Page 17 of 18
4
87. Asa direct and proximate result of the foregoing, the Plaintiff, has suffered and will
continue to suffer severe and permanent physical, emotional, and psychological injuries and
trauma, for which she seeks compensation in this action.
WHEREFORE, Plaintiff, demands judgment: for damages, interest, and costs, against:
DEVON BRIGANTI, and a jury trial on all issues so triable as a matter of right.
CLAIMS FOR DAMAGES FOR ALL COUNTS
88. As a direct and proximate result of the aforementioned acts, as well as the
negligence ofthe Defendant, which caused the injuries of JANE DOE, the Plaintiff sets forth below
the listed claims,
CLAIM ON BEHALF OF JANE DOE
89, Asa direct and proximate result of the acts listed above, as well as the negligence
of the Detendant, that catised the injuries to JANE DOE, ihe Piaintiff has in the past and wiil in
the future continue to suffer:
a. Mental pain and suffering from the date of the incident into the future;
b. Loss of capacity for the enjoyment of life in the past and into the future;
¢.. Disability and physical impaimment; ;
d. Aggravation of a previous condition; and,
e. Value of medical expenses in the past and into the future;
90. The Plaintiffs injuries are either permanent or continuing in nature and the Plaintiff
will suffer the aforementioned losses and irnpairment in the future.
WHEREFORE, the Plaintiff demands. judgment for damages against Defendants and
demand a trial by jury of all issues so triable by law and such other relief this Court may deem
appropriate:
7
Preview
Filing # 120190589 E-Filed 01/25/2021 03:54:58 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA DIVISION - AF Case No.: 50-2020-CA-014445-XX JANE DOE, Plaintiff, VS. BOCA RATON REGIONAL HOSPITAL, INC. d/b/a BOCA RATON REGIONAL HOSPITAL and DEVON BRIGANTI Defendants. Defendant, BOCA RATON REGIONAL HOSPITAL, by and through wwAavaiconad anwnaal and anes A TMavida Duala af Civil Dennaduen 1 1AN havahs: UNGEISI~Nea COUNSE: aid pursuant tG Piorida Rue OF Civil Procedure 1.140 MeLGUY files this Motion to Dismiss Plaintiffs Complaint and in support thereof states as follows: INTRODUCTION 1. On December 22, 2020, Plaintiff Jane Doe filed the instant lawsuit alleging that while she was a patient at Boca Raton Regional Hospital, an ED Tech CHEN. DAIAARCACUAAINTY Cl INCEDU ARDIIV7ZN FLED A4INEINNDN, N2.£4-FQ DN PILL. PAL DLA VUUINE TT, FL, JUOL IE mDNUeeY, ULLIAN, Ueuieue) Ul.ut. uu itCase No.: 50-2020-CA-014445-XX identified as Devon Briganti sexually assaulted her. See Exhibit I, Complaint for damages. 2, In connection with this alleged incident, Plaintiff asserted claims of Negligent Hiring (Count I), Negligent Retention (Count II), Negligent Supervision (Count IID), Negligent Security (Count IV), and Vicarious Liability (Count V) against the defendant asserting that “Devon Briganti was able to commit the sexual assault against the Plaintiff based solely on the authority and position afforded him by Boca Raton Regional Hospital.” 3. Plaintiff fails to state a proper factual basis for Counts II and III. Further, Counts II and III are duplicative of one another and should be dismissed. 4. Count IV is irrelevant with respect to the facts set forth in the complaint and should be dismissed. 5. Count V should also be dismissed. Under well- established Florida law, sexual assaults and batteries by employees are outside the scope of an employee's employment and there is no basis to impose vicarious liability on the employer. 6. Paragraphs 35 through 37 of the complaint, which are incorporated into all counts of the Complaint are speculative, impertinent and scandalous. The 1938658Case No.: 50-2020-CA-014445-XX Plaintiff has not met the required evidentiary basis for alleging these claims and therefore these claims must be stricken. 7, Tn addition, Plaintiff fails to state a nroner factual hasis/relevance as Paragraphs 40, 44, and 47b alleged in Count I and therefore these paragraphs must be stricken. ARGUMENT I. Counts II (Negligent Retention) and III (Negligent Supervision) should be dismissed as the counts fail to allege ultimate facts supporting liability; moreover Counts I and IIT are duplicative. A. The Complaint fails to allege ultimate facts to support Counts II(Negligent Retention) and II (Negligent Supervision). For both these claims, the plaintiff must allege actual or constructive notice by the employer of the employee’s unsuitability. “In order to state a cause of action for the tort of negligent retention recognized in Florida, a plaintiff must allege facts showing that the employer was put on notice of the harmful propensities of the employee.” Willis v. Dade County Sch. Bd., 411 So. 2d 245, 246 n.1 (Fla. 3d DCA 1982).[Emphasis added]. Count II and III fail to do so. 1938658Case No.: 50-2020-CA-014445-XX To prove a claim for negligent retention, the plaintiff must demonstrate an identified history of conduct on the part of the employee at the time he was hired, or subseanent to his hiring, sufficient to confer actual or constrnetive notice unon of an alleged dangerous propensity of the employee in order to take the action outside of the general rule that sexual batteries are held to be outside the course and scope of an employee’s employment. See Total Rehabilitation & Medical Centers, Inc. v. E.B.O, 915 So. 2d 694 (Fla. 3d DCA 2005). See also Magill v. Bartlett Towing, Inc., 35 So. 3d 1017 (Fla. 5" DCA 2010) and Iglesia Cristiana La Casa Del Senor, Inc. v. L.M., 783 So. 24 353 (Fla. 3d DCA 2001). Similarly, with regard to negligent supervision, the employer must have had constructive or actual notice of the employee's unfitness to work in the role for which he/she is employed in order to be liable for negligent supervision. See M.V. v. Gulf Ridge Council Boy Scouts, Inc., 529 So. 2d 1248 (Fla. 2d DCA 1988); Garcia v. Duffy, 492 So.2d 435 (Fla. 2d DCA 1986); Stephenson v. School Bd. of Polk County, 467 So.2d 1112 (Fla. 2d DCA 1985). In neither the recitation of facts giving rise to the claim, nor within Counts II or III, are there any factual allegations whatsoever that would support these claims. Plaintiff claims that Defendant “breached these duties to the Plaintiff by: a. Allowing Devon Briganti to have unsupervised and unfettered access to female 1938658Case No.: 50-2020-CA-014445-XX patients while in the hospital when the hospital knew of his past sexual inappropriate and physically inappropriate behavior”. Even in Florida, where nleading rules are liberally construed, it is reanired that plaintiffs show some factual basis for their claim. See Fla. R. Civ. P. 1.110; see also Doyle v. Flex, 210 So. 2d 493 (Fla. 4th DCA 1968) (finding that the plaintiffs failed to state a cause of action where their complaint asserted “mere legal conclusions” and was devoid of “any allegations showing any conduct” to support their negligence claim against the defendants); Cunningham v. Florida Dept. of Children & Families, 782 So. 2d 913, 919 (Fla. Ist DCA 2001) (“It is not enough merely to advise the defendant of the theory of the action.”); Goldschmidt v. Holman, 571 So. 2d 422 (Fla. 1990). As drafted, it is not possible for the Defendant to investigate nor defend these conclusory allegations and therefore, Counts IT and II must be dismissed. B. Counts II and III are duplicative There is no distinction between “negligent retention” in Count II, and “negligent supervision”, which is asserted in Count III. Similarly, in Count III, Plaintiff references “Boca Raton Regional Hospital knew or should have known about his past sexual inappropriate and physically inappropriate behavior but failed to investigate or take any measures to prevent such acts of sexual abuse, sexual 1938658Case No.: 50-2020-CA-014445-XX assault or improper conduct”, which overlaps with the Negligent Hiring alleged in Count I. Claims for negligent retention and sunervision have the same elements: “{t]he primary distinction between a claim for negligent hiring and a claim for negligent supervision or retention concerns the time at which the employer is charged with knowledge of the employee's unfitness.” Malicki v. Doe, 814 So. 2d 347, (Fla. 2002) at 362 n.15. While a claim for negligent hiring is based on an employer’s knowledge and investigation prior to hiring, liability for negligent supervision or retention arises “after employment begins, where the employer knows or should know of an employee's unfitness and fails to take further action such as ‘investigating, discharge or reassignment.’” Jbid. (citation omitted). Il. Count IV Negligent Security and Allegations Pertaining thereto A. Count IV asserting Negligent Security is impertinent, not supported by any factual basis and should be dismissed Count IV asserts a claim against Boca Raton Regional Hospital for negligent security. Specifically, Count IV alleges that Boca Raton Regional Hospital failed to provide Plaintiff with adequate security because Devon Briganti’s actions against Plaintiff were reasonably foreseeable in light of “criminal violence and/or sexual battery” within the Defendant’s “geographic 1938658Case No.: 50-2020-CA-014445-XX location” ({ 66.) Count IV should be dismissed because Plaintiff failed to allege sufficient facts to state a claim for negligent security. In Florida, “negligent security cases fall under the auspices of premises liability as opposed to ordinary negligence.” Nicholson v. Stonybrook Apartments, LLC, (Fla. 4° DCA 2015). Unlike in ordinary negligence cases, a defendant's duty of care in a premises liability action depends “on the plaintiff's status to the land.” Id. at 494. In Hammer v. Lee Memorial Health System, (M.D. Fla. 2018), the court held that under Florida premises liability principles, a property owner owes two duties to a business invitee: “(1) to take ordinary and reasonable care to keep its premises reasonably safe for invitees; and (2) to warn of perils that were known or should have been known to the owner and of which the invitee could not discover.” Delgado v. Laundromax, Inc., 65 So. 3d_1087, 1089 (Fla. 3d DCA 2011). “The duty of care owed by a landowner to an invitee with respect to protection from criminal acts of a third person is dependent upon the foreseeability of that third party's activity.” Admiral's Port Condo. Ass'n, Inc. V. Feldman, 426 So. 2d 1054, 1054 (Fla. 3d DCA 1983). 1938658Case No.: 50-2020-CA-014445-XX Plaintiff has asserted no facts demonstrating that the alleged sexual assault was foreseeable. Moreover, it is axiomatic that a general premises liability claim asserting that a nattern of criminal activity within a ceooranhic area gave rise to the foreseeability of an attack is inapposite in a claim in which Plaintiff is asserting that the hiring of a specific individual created the risk to this specific Plaintiff. Thus, Plaintiff has failed to state a claim for negligent security and therefore Count IV should be dismissed. B. Paragraphs 35 through 37 are speculative, impertinent and scandalous. The Plaintiff has not met the required evidentiary basis for alleging these claims Paragraphs 35 through 37, which are incorporated into all counts of the Complaint, falsely allege that crimes in the nearby geographic location of Boca Raton Regional Hospital or in the medical field creates foreseeability that a sexual assault on a patient is likely. While scintillating and scandalous, the Complaint provides no factual basis for these unwarranted and otherwise baseless allegations. Moreover, insofar as the Negligent Security Count should be dismissed for reasons asserted herein, Paragraphs 35 through 37 are irrelevant. Therefore, Paragraphs 35 through 37 of the Complaint must be stricken. 1938658Case No.: 50-2020-CA-014445-XX Ill. Count V asserting the Defendant is liable for an alleged sexual battery committed by an alleged employee should be dismissed under well- established Florida law Plaintiff has asserted that Devon Briganti, an ED Tech working at Roca Raton Regional Hospital, committed a sexual assault upon her while she was a patient at their hospital and that Defendants are vicariously liable. However, under well-established Florida law, sexual assaults are outside the scone of employment and employers are not responsible for sexual assaults by an employee: Generally, sexual assaults and batteries by employees are held to be outside the scope of an employee’s employment and, therefore, insufficient to impose vicarious liability on the employer. See City of Green Cove Springs v. Donaldson, 348 F.2d 197 (5th Cir.1965); Bozarth v. Harper Creek Board of Education, 94 Mich.App. 351, 288 N.W.2d 424 (1979); 6 Am.Jur.2d Assault & Battery § 139 (1963). The general rule is that an employer cannot be held liable for the tortious or criminal acts of an employee, unless they were committed during the course of the employment and to further a purpose or interest, however excessive or misguided, of the employer. See Weiss v. Jacobson, 62 So.2d 904 (Fla.1953); De Jesus v. Jefferson Stores, Inc., 383 So.2d 274 (Fla. 3d DCA 1980); Lay v. Roux Laboratories, Inc., 379 So.2d 451, (Fla. 1st DCA 1980); Martin v. United Securities Services, Inc., 373 So.2d 720 (Fla. 1st DCA 1979); Andrews v. Norvell, 65 Ga.App. 241, 15 S.E.2d 808 (1941); W. Prosser, Torts, § 70 at 464, 465 (4th ed. 1971). Nazareth vy. Herndon Ambulance Service, Inc., 467 So.2d 1076 (1985). See also Iglesia Cristiana La Casa Del Senor, Inc. v. L.M., 783 So. 2d 353 (Fla. 3d DCA 2001). (“We conclude that there is no respondeat superior liability for the alleged 1938658Case No.: 50-2020-CA-014445-XX sexual misconduct by Pastor Rivers; as a matter of common sense, having sexual relations with a counselee is not part of the job responsibilities of a minister); Dewaard v, United Methodist Church, 793 So, 24 1038, 1041 41 (Fla, 3d DCA 2001) (Plainly the sexual conduct alleged by plaintiffs was for the personal motives of the pastor, and not designed to further the interests of the church). See also See Goss v, Human Servs. Assocs., 79 So. 3d 127, 132 (Fla. 5 DCA 2012). Other states have reached similar conclusions in similar circumstances relying on Nazareth, supra. See also Zsigo v. Hurley Medical Center, 475 Mich. 215 (2006) (the Michigan Supreme Court held that the employee of a medical center was not acting within the scope of his employment when he engaged in acts of sexual misconduct with patient, and thus the medical center was not vicariously liable for the sexual misconduct of the employee. See also GL. v. Kaiser Foundation Hospitals, Inc., 306 Or. 54 (1988). Here, it is evident that Devon Briganti, an ED Tech, was not employed to sexually assault patients. There is no allegation that his job duties and responsibilities included sexually assaulting patient, nor would logic or common sense support same. Thus, if proven to be true, Devon Briganti’s alleged act of sexual assault was done for his own personal motives and not to further the interests of the Defendants. 1938658Case No.: 50-2020-CA-014445-XX If Devon Briganti did have offensive contact with the Plaintiff which was unrelated to the provision of medical care or treatment, then his misconduct would be considered ontside the scone of his emnlovment and thus, an intentional tort for which no liability would attach to his alleged employer, the Defendants. Thus, even if Plaintiff's scandalous allegations are to be taken as true, the Plaintiff has failed to state causes of action against the Defendants for vicarious liability upon which relief can be granted with respect to Count V of the Complaint. See Weiss v. Jacobson, 62 So. 2d 904 (Fla. 1953) (there is no liability of a master for intentional acts of a servant who has stepped aside from his the duties of his employment to commit a tort); Ruiz v. Aerorep Group Corp., 941 So. 2d 505 (Fla. 3d DCA 2005); Perez v. Zazo, 498 So.2d 463, 465 (Fla. 3d DCA 1986); Gowan v. Bay County, 744 So.2d 1136, 1138 (Fla. Ist DCA 1999); Bryant v. CSX Transp., Inc., 577 So.2d 613, 615 (Fla. Ist DCA 1991); Tallahassee Furniture Co., Inc. v. Harrison, 583 So.2d 744, 758 (Fla. lst DCA 1991). Therefore, Count V must be dismissed. IV. Paragraphs 40, 44 and 47b are irrelevant, immaterial and unsupported by any factual basis Lastly, Paragraph 40 of Count I states that “Boca Raton Regional Hospital was required by its accrediting agency and by the Federal Government to 1938658Case No.: 50-2020-CA-014445-XX investigate the character of its employees” without asserting which agency or statute so requires. Further, Paragraph 44 of Count I states “Boca Raton Regional Hosnital failed to imnlement nolicies and/or nrocedures regarding the sunervision of employees to ensure that vulnerable patients were protected and secure from physical assault and harm.” The Complaint contains no factual support for these otherwise baseless, conclusory allegations. Furthermore, Paragraph 47b states Defendant breached a duty to the Plaintiff by “Failing to contact individuals with important information and knowledge regarding Devon Briganti” without asserting which individuals were required to be contacted and what information they would have obtained had they done so. Therefore, Paragraphs 40, 44, and 47b should stricken from the Complaint. WHEREFORE, Defendant, BOCA RATON REGIONAL HOSPITAL, prays this Honorable Court enter an Order dismissing the Plaintiff's Complaint for the above-stated grounds and any and all other relief this Honorable Court deems just and proper. CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished to the attorneys listed on the attached service list, via E-Portal, on January 25, 2021. 1938658Case No.: 50-2020-CA-014445-XX FALK, WAAS, HERNANDEZ, SOLOMON, MENDLESTEIN & DAVIS, P.A. Attorneys for Defendant, Boca Raton Regional Hospital, Inc. d/b/a Boca Raton Regional Hospital 1900 NW Corporate Blvd., Suite 210-E Boca Raton, FL 33431 Telephone: (561) 367-2510 Facsimile: (561) 807-6633 By: Owaldo-T. Orteaw Osvaldo J. Ortega Florida Bar No.: 1024823 RoseMarie Antonacci-Pollock Florida Bar. No: 509752 1938658Case No.: 50-2020-CA-014445-XX SERVICE LIST David J. Brevda, Esq. Senior Justice Law Firm 7700 Congress Avenue Suite 3216 Boca Raton, FL 33487 Telephone: (561) 717-0817 Email: Eservice@SeniorJustice.com Attorneys for Plaintiff, Jane Doe 1938658Filing # 118649191 B-Filed 12/22/2020 05:32:17 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT OF FLORIDA, IN AND TS FOR PALM BEACH COUNTY JANE DOE, GENERAL JURISDICTION DIVISION Plaintiff, Case No: Vv. BOCA RATON REGIONAL HOSPITAL, INC. d/b/a BOCA RATON REGIONAL HOSPITAL, and DEVON BRIGANTI, Defendants. 7 - “J ’ COMPLAINT FOR DAMAGES ‘The Plaintiff, JANE DOE,’ individually, sues Defendants, BOCA RATON REGIONAL HOSPITAL, and DEVON BRIGANTI, and files this Compiaint, and aiieges:. JURISDICTIONAL STATEMENT AND IDENTIFICATION OF PARTIES 1. This is an action for damages in excess of this Court’s minimum jurisdictional limits, exclusive of interest and costs. 2. ‘Venue is proper in Palm Beach County, Florida, where one or more of the Defendants reside and the events giving rise to this action occurred. 3. Plaintiff, JANE DOE, is a resident of Palm Beach County, Florida. 4. Defendant BOCA RATON REGIONAL HOSPITAL, INC. d/b/a BOCA-RATON REGIONAL HOSPITAL is a private health care facility that conducts business in Palm Beach 1 The Plaintiff files this Complaint ‘anonymously based on the fact that she is'a victim of a sexual. an md wrinhian ta mat Les at battery and wishes t6 Got have her identity Kowa to ihe puouc,Jane Doe v. Boca Raton Regional Hospital, et al. Page 2 of 18 County, Florida and operates a hospital in Boca Raton, Florida known as BOCA. RATON REGIONAL HOSPITAL. 5. DEVON BRIGANTIis an ED Tech who, at all times relevant to this claim, was an. employee, agent, and/or servant of BOCA RATON REGIONAL HOSPITAL. 6. Atall times material hereto, DEVON BRIGANTI, ED Tech, was aresident of Palm Beach County, Florida. : FACTS GIVING RISE TO CAUSE OF ACTION 7. Around 12:57AM on October 16,2020, JANE DOE was an admit at BOCA RATON REGIONAL HOSPITAL. JANE DOE was admitted for chest pain and headaches starting on October 15, 2020. 8. DEVON BRIGANTI was assigned by BOCA RATON REGIONAL HOSPITAL io be JANE DOE's ED Tech on October 16, 2020. 9. Prior to hiring DEVON BRIGANTI, BOCA RATON REGIONAL HOSPITAL either conducted a background check into his nursing, criminal, employment and legal past and/or should have conducted a background check into his nursing, criminal, employment and legal past. 10. Prior to being hired by, or during his employment with, BOCA RATON REGIONAL HOSPITAL, DEVON BRIGANTI was arrested for violent acts including assault, domestic battery, and cruelty towards a child. 11. Multiple complaints had-been levied against DEVON BRIGANTI arising out of inappropriate behavior conducted by DEVON BRIGANTI as a hospital employee. 12. In addition, DEVON BRIGANTI’s background made him inappropriate for employment at this hospital.” Jane Doe v. Boca Raton Regional Hospital, et al. Page 3 of 18 13. BOCA RATON REGIONAL, HOSPITAL either knew about these past transgressions of DEVON BRIGANTI and hired/retained him regardless of the fact that he was unfit to be an ED Tech; and/or BOCA RATON REGIONAL HOSPITAL failed to properly investigate: DEVON BRIGANTI as an ED Tech. Additionally, BOCA RATON REGIONAL HOSPITAL allowed DEVON BRIGANTI to continue his employment with the hospital despite being inappropriate and unfit for continued employment. ° 14. Medical records of JANE DOE reveal that DEVON BRIGANTI was in her hospital room at approximately 1:35 AM on October 16, 2020. : 15. _At or around that time, DEVON BRIGANTI personally inserted an IV into JANE DOE. ; 16. Prior to admission to BOCA RATON REGIONAL HOSPITAL, JANE DOE had consumed aicohoi, and taken a prescription of Ativan im the hospital parking jot. 17. Ativan is.a controlled substance in the drug class known as Benzodiazepine. Common side effects of Ativan include tiredness, dizziness, unusual changes in mood or behavior, confusion, weakness, memory loss, and others. 18. At the hospital, JANE DOE. was administered multiple drugs intravenously, including Fioricet and Toradol. 19. Fioricet is a controlled substance that includes Butalbital, a sedative. Commion side effects of Fioricet include drowsiness, confusion, lightheadedness, dizziness, intoxication, and others. Toradol is a controlled substance used for pain relief. Common side effects’ of Toradol include tiredness, dizziness, headaches, disorientation, and others. 20. DEVON BRIGANTI had access to JANE DOE’s hospital chart, which included JANE DOE’s recent ingestion of prescription drugs and alcohol.Jane Doe v. Boca Raton Regional Hospital, et al. Page 4 of 18 21. During a visit by DEVON BRIGANTI to JANE DOE’s room in the early moming of October 16, 2020, DEVON BRIGANTI began to tuck JANE DOE into bed with hospital covers. 22. DEVON BRIGANTI put his hands underneath JANE DOE’s body, starting at her ankles and working his way up to the top of her legs. DEVON BRIGANTI then asked JANE DOE if she told the doctor that she was on birth control. 23. JANE DOE was unable to consent to sexual relations, due to her mental state. 24. DEVON. BRIGANTI took advantage of JANE DOE in her intoxicated state and proceeded to force sexual intercourse with JANE DOE using his penis. ‘98. DEVON BRIGANTI, without consent from JANE DOE, inserted his penis into JANE DOE’s mouth and then inserted his penis into JANE DOE’s vagina without consent. 26. JANE DOE did not give DEVON BRIGANTI consent to sexual intercourse. JANE DOE. was hospitalized and under the influence of controlled substances and alcohol which prohibited her ability to fight back, scream for help, or leave. 27. | DEVON BRIGANTI was wearing his nursing scrubs/miform when he’ sexually battered JANE DOE and he was able to carry out-this sexual attack by the use of his authority, position, medication, and stature as an ED Tech at BOCA RATON REGIONAL HOSPITAL. 28. DEVON BRIGANTI was able to sexually assault JANE DOE as a result of the opportunity and seclusion that was provided to him by his employer, BOCA RATON REGIONAL HOSPITAL. 29. “DEVON BRIGANTI’s sexual battery of JANE DOE occurred within the course and scope of his employment with BOCA RATON REGIONAL HOSPITAL. 30. DEVON BRIGANTI’s ability and opportunity to sexually batter JANE DOE was- allowed and aided by his employment as a nurse for BOCA RATON REGIONAT. HOSPITAT.,"the crimin Jane Doe v. Boca Raton Regional Hospital, et al. Page 5 of 18 ACTUAL AND/OR CONSTRUCTIVE NOTICE 31. DEVON BRIGANTI had been arrested for violent acts including assault, domestic battery.and child abuse prior to being hired and/or during his:employment with BOCA RATON. REGIONAL HOSPITAL. 32. DEVON BRIGANTI’s background made him unfit for employment around vulnerable patients like JANE DOE. 33. | BOCARATON REGIONAL HOSPITAL either knew or should have known ‘about riminal to hiring or during the emnlovment of DEVON BRIGANTI but BOCA RATON REGIONAL HOSPITAL failed to properly investigate. Asa result, DEVON BRIGANTI was allowed access to isolated and vulnerable patients. FORESEEABILITY = 34, Based on DEVON BRIGANTI’s history of sexually and physically inappropriate behavior it was reasonably foreseeable to BOCA RATON REGIONAL HOSPITAL that DEVON BRIGANTI would attack and. assault. vulnerable. and. isolated patients at BOCA RATON REGIONAL HOSPITAL. 35. Prior to the sexual battery of JANE DOE, there were sufficient acts of violence, sexual attacks, rapes, sexual violence, and violence in the nearby geographic location and in the , medical field which put BOCA RATON REGIONAL HOSPITAL on notice that the likelihood of a sexual assault on a patient was reasonably foreseeable. 36. PalmBeach County has a recent history of hospital patients being sexually battered by hospital. staff ‘such that it was reasonably foreseeable to BOCA RATON REGIONAL HOSPITAL that a sexual battery on a patient would occur.Jane Doe v. Boca Raton Regional Hospital, et al. Page.6 of 18 2 37. BOCA RATON REGIONAL HOSPITAL failed to take reasonable actions to prevent JANE DOE’s sexually battery based its foreseeability and the trend in the medical field of patients being sexually battered by caregivers. COUNT I mreimas acumen nani ni man praranriy mAcnrmir RAUL AAU L DUA IL ULY LUUOLU INA UDELL AL NEGLIGENT HIRING The Plaintiff realleges and reaffirms each and every allegation contained in paragraphs 1 through 37 of this Complaint as if fully asserted herein. 38. BOCA RATON REGIONAL HOSPITAL knew or should have known about DEVON BRIGANTI’s disposition of sexual inappropriate, violent and physically inappropriate behavior. 39. The information regarding DEVON BRIGANTI’s prior bad acts was publicly available to BOCA RATON REGIONAL HOSPITAL. BOCA RATON REGIONAL HOSPITAL either accessed that information during the hiring process of DEVON BRIGANTI or should have accessed that information as part of its background check of DEVON BRIGANTI. 40.. BOCA RATON REGIONAL HOSPITAL ‘was required by its accrediting agency and by the Federal Government to investigate the character of its employees, especially those who have access to patients like JANE DOE. However, BOCA RATON REGIONAL HOSPITAL failed to properly investigate the character of DEVON BRIGANTI prior to hiring him. 41. BOCA RATON REGIONAL HOSPITAL knew or should have known that DEVON BRIGANTI was unfit to be an ED Tech employed by the hospital based on his prior sexually and physically inappropriate behavior. 42. BOCA RATON REGIONAL HOSPITAL was either aware or should-have been aware of the problems with DEVON BRIGANTI aud failed to take any action against him duringJane Doe y. Boca Raton Regional Hospital, et al. Page 7 of 18 the hiring process such as further investigation or refusal to hire. 43. At the time of the sexual battery, Plaintiff was an admitted and isolated female patient who was under the influence of a controlled substance, As such, Plaintiff was a vulnerable individual who would make an easy target for an individual attempting to sexually batter her. 44. BOCA RATON REGIONAL HOSPITAL failed to’ implement policies and/or procedures regarding the supervision of employees to ensure that vulnerable patients were protected and secure from physical assault and harm. 45. BOCA ‘RATON investigation into DEVON BRIGANTI during ‘the hiring process when doing so would have revealed that he was unfit to be an ED Tech at BOCA RATON REGIONAL HOSPITAL. 46. BOCA RATON REGIONAL HOSPITAL owed Plaintiff a duty to ensure that she would be safe and tree ftom physical assault, sexual battery, and harm. 47. BOCARATON REGIONAL HOSPITAL breached these duties to the Plaintiff by: a. Failing to perform an adequate background check on DEVON BRIGANTI and investigate the disciplinary actions against him, criminal arrests, and employment history; b. Failing to contact individuals with important information and knowledge regarding DEVON BRIGANTI; and c. Failing to act reasonably under the circumstances. 48. Based on DEVON BRIGANTI’s prior bad acts and sexual inappropriate and physically inappropriate behavior, it was reasonably foreseeable that DEVON BRIGANTI would attack and assault vulnerable and isolated patients at BOCA RATON REGIONAL HOSPITAL. 49. As a vroximate result. Plaintiff was raned nhucically and cevnalliy ahneed and : 44S 2 proximate result, Plamtiit was raned, physically and sexually alJane Doe ». Boca Raton Regional Hospital, et al. Page 8 of 18 assaulted, and suffered bodily injury. and resulting pain and suffering, mental anguish, loss of capacity for the enjoyment of life, past, present, and future emotional and physical distress, extreme emotional mental and psychological injury, embarrassment, humiliation, shame, all of which exist to this day and will continue in the future. WHEREFORE, Plaintiff, demands judgment for, damages, interest, and costs, against BOCA.RATON REGIONAL HOSPITAL, and a jury trial on all issues 80 triable as a matter of right. COUNT IE CLAIM AGAINST BOCA RATON REGIONAL HOSPITAL NEGLIGENT RETENTION ‘The Plaintiff realleges and reaffirms each and every allegation contained in paragraphs 1 through 37 of this Complaint as if fully asserted herein. - 50. Before the sexual abuse and sexual assaults were committed against Piaintiff, Defendant BOCA RATON REGIONAL HOSPITAL, was aware and/or was put on notice of the potentially harmful propensities of DEVON BRIGANTI. ‘ 51. Plaintiff was within the zone of foreseeable risk created by BOCA RATON REGIONAL HOSPITAL’s employment of DEVON BRIGANT! since BOCA RATON REGIONAL HOSPITAL knew or should have. known about his past sexual inappropriate and physically inappropriate behavior, but BOCA RATON REGIONAL HOSPITAL failed to investigate or take any measures to prevent such acts of sexual abuse, sexual assault or improper conduct. 52. BOCA RATON REGIONAL HOSPITAL knew, or should have known, about the harmful propensities of DEVON BRIGANTI. 53. Even after obtaining nowledve or constretive notice of the harmful nronensities 22. Sven alter obtaining nowrlecse or constructive nonce of the arm! propensitiesJane Doe v. Boca Raton Regional Hospital, et al. Page 9 of 18 of DEVON BRIGANTI, BOCA RATON REGIONAL HOSPITAL allowed DEVON BRIGANTI to remain an ED Tech thereby endangering vulnerable patients such as Plaintiff. 7 54. BOCARATON REGIONAL HOSPITAL owed Plaintiff duty to terminate and/or discipline staff that were unfit, unqualified and/or did not have the disposition to be in contact with female patients or patients at-large. =H 55. BOCARATON: REGIONAL HOSPITAL breached these duties to the Plaintiff by: a. Failing to discharge, terminate or reassign DEVON BRIGANTI before he came into contact b. Failing:to appropriately investigate and analyze appropriateness for continued employment; c. After receiving notice of the histoty of sexual inappropriate and physically inappropriate behavior by DEVON BRIGANTI, allowing him to continue in-his job duties and fmnctions; and d.. Failing to act reasonably under the circumstances, 56. .As-a proximate result, Plaintiff was raped, physically and'sexually abused and assaulted, and suffered bodily injury and resulting pain and suffering, mental anguish, ‘loss. of capacity for the enjoyment of life, past, present, and future emotional and physical distress, extreme emotional mental and psychological injury, embarrassment, humiliation, shame, all of which ‘exist to this day and will continue in the future. t WHEREFORE, Plaintiff, demands judgment for damages, interest, and costs, ‘against BOCA RATON REGIONAL HOSPITAL, and a jury trial on all issues'so triable as a matter of right.Jane,Doe-v. Boca Raton Regional Hospital, et al. Page 10 of 18 COUNT DT CLAIM AGAINST BOCA RATON REGIONAL HOSPITAL NEGLIGENT SUPERVISION The Plaintiff realleges and reaffirms each and every allegation contained in paragraphs. 1 through 37 of this Complaint as if fully asserted ‘herein. 57. Before’ the’ sexual abuse and sexual assaults were committed against: Plaintiff, Defendant, BOCA RATON REGIONAL HOSPITAL, was aware and/or was put on notice of the potentially harmful propensities of DEVON BRIGANTL 58. REGIONAL HOSPITAL employment of DEVON BRIGANTI since, BOCA. RATON REGIONAL HOSPITAL knew or should have known about his past sexual inappropriate and physically inappropriate behavior, but BOCA RATON REGIONAL. HOSPITAL failed to investigate or take any measures to prevent such acts of sexual abuse, sexual assault or improper conduct. 59. Even after cbiaining Inowledge or constructive notice of the harmful propensities of DEVON BRIGANTI, BOCA RATON REGIONAL HOSPITAL allowed DEVON BRIGANTI to remain an ED tech thereby endangering vulnerable patients such as Plaintiff. 60. BOCA RATON REGIONAL HOSPITAL owed Plaintiff a duty to supervise . DEVON BRIGANTI and/or discipline staff that Were unfit, unqualified and/or did not have the disposition to be in contact with female patients or patients at-large, but failed to do so. 61. _BOCARATON REGIONAL HOSPITAL breached these duties to the Plaintiff by: a. Allowing DEVON BRIGANTI to have unsupervised and unfettered access to female patients while in the hospital when the hospital knew of his past sexual inappropriate and vhvsicallv inanronriate hehavior: + oe BO poy sscony Map ET ogre vem nen 10Jane Doe v. Boca Raton Regional Hospital, et al. Page 11 of 18 b. Failing to appropriately supervise and monitor DEVON BRIGANTI and c. Failing to act reasonably under the circumstances. 62. As a proximate result, Plaintiff. was raped, physically and sexually abused and assaulted, and suffered bodily injury and resulting pain and suffering, mental anguish, loss of capacity for the enjoyment of life, past, present, and future emotional and physical distress, extreme emotional mental and psychological injury, embarrassment, humiliation, shame, all of which exist to this day and will continue in the future. WHEREFORE, Plaintiff, demands judgment for. damages, interest and costs, against BOCA RATON REGIONAL HOSPITAL, and a jury trial-on all issues so triable as a matter of right. CLAIM AGAINST BOCA RATON REGIONAL HOSPITAL NEGLIGENT-SECURITY The Plaintiff realleges and reaffirms each and every allegation contained in paragraphs 1 through 37 of this Complaint as if fully asserted herein. 63. At all times material, BOCA RATON REGIONAL HOSPITAL, through its employees, servants, agents, security personnel, and/or representatives acting within the course and scope of their employment, owed a duty of care to its invitees, patients, patrons, employees, - executives, and anyone on the premises to provide adequate security measures able to protect against reasonably foreseeable acts of criminal violence and sexual battery. 64. Atal times material, BOCA RATON REGIONAL HOSPITAL, in its own capacity and/or through its employees, servants, agents, security personnel, and/or representatives acting within the course and scope of their employment, knew or should have known that DEVON VWJane Doe v. Boca Raton Regional Hospital, et al. Page 12 of 18 BRIGANTI had a propensity to commit violent and/or sexually inappropriate acts towards female patients and vulnerable individuals and BOCA RATON REGIONAL HOSPITAL knew about these propensities within a-reasonable time frame before the date of the incident complained of herein. 65. Atal times material, BOCA RATON REGIONAL HOSPITAL, in its own capacity and/or through its employees, servants, agents, security personnel, and/or representatives acting ‘within the course and scope of their employment, knew or should have known that acts of criminal violence and/or sexual battery badbeen perpetrated by similar nurses/hospital employees or others at BOCA RATON REGIONAL HOSPITAL prior to the sexual battery of JANE DOE. 66. Atal times material, BOCA RATON REGIONAL HOSPITAL, in its own capacity and/or through its employees, servants, agents, security personnel, and/or representatives acting Within the course and scope of their empioymeni, imew or should have known that acts of criminal violence and/or sexual battery had been perpetrated by similar nurses/hospital employees in the near geographic area and it knew that future similar acts were reasonably foreseeable to occur at BOCA-RATON REGIONAL HOSPITAL. 67. As such, the criminal attack perpetrated on the date complained of was reasonably foreseeable to BOCA RATON REGIONAL HOSPITAL, and-BOCA RATON REGIONAL HOSPITAL was in a position superior to alll others to appreciate such hazards and take necessary steps to prevent harm to its invitees, patrons, employees, etc., including the Plaintiff. 68. However, BOCA RATON REGIONAL HOSPITAL, through its employees, servants, agents, security personnel, and/or representatives acting within the course and scope of their employment, was negligent and breached its duty of care to the Plaintiff by committing the following acts and/or omissions, including, but not limited to: 12Jane Doev. Boca Raton Regional Hospital, et al, Page 13 of 18 a. Failure to intervene during the'sexual assault; b. failure to use reasonable caré in the exercise of security measures; c.. failure to act when reasonable care was required; d. failure to provide sufficient amount of security; e. failure to keep all parts of the premises secure; f. failure to maintain a code of security rules and regulations responsive to the type of conduct described in this Complaint; g. failure to adequately train security personnel; h. failure to adequately supervise security personnel; i. failure to adequately supervise nursing personnel; j. failure to employ adequately skilled and experienced security personnel; : k. failure to warn invitees, patrons, employees, agents, etc. of the nature and character of the hospital knowing that acts of criminal violence were reasonably foresceable; 1. failure to have sufficient guards in visible area to deter crime; na. failure to install a sufficient amount of security. cameras in the hospital and other areas to deter and record criminal acts: n.. failure to take additional security measures after being on notice that the security measures were inadequate prior to the incident complained of o. failure to create and maintain an atmosphere of deterrence upon the premises; and. p. failure to recognize an unreasonably unsafe and/or unsecure condition on the premises. 69. Because of the past acts of DEVON BRIGANTI, which were either known or should haye been known by BOCA RATON REGIONAL HOSPITAL, the assault of JANE DOE 13" Jane Doe v. Boca Raton Regional Hospital, et al. Page 14 of 18 wes reasonably foreseeable to BOCA RATON REGIONAL HOSPITAL and adequate: security measutes to protect JANE DOE from the foreseeable assault were not taken. 70. As a proximate result, Plaintiff was raped, physically and sexually abused and assaulted, and suffered bodily injury and resulting pain and suffering, mental anguish, loss of capacity for the enjoyment of life, past, present, and future emotional and physical distress, extreme emotional mental and psychological injury, embarrassment, huniliation, shame, all of which exist to this day and will continue in the future. WHEREFORE, Plaintiff, demands judgment for damages, interest, and ‘costs, against BOCA RATON REGIONAL HOSPITAL, and a jury trial on all issues so triable, ‘ COUNT V. CLAIM AGAINST BOCA RATON REGIONAL HOSPITAL VICARIOUS LIABILITY ‘The Piaintiit realleges and reatimms each and every’ailegation contained in paragraphs i through 37 of this Complaint as if fully asserted herein. 71. At all times material hereto DEVON BRIGANTI was an employee, agent, and/or servant of BOCA RATON REGIONAL HOSPITAL. 72. DEVON BRIGANTI was able to commit the sexual assault against the Plaintiff based solely on the authority and position’ afforded him by: BOCA-RATON REGIONAL HOSPITAL. . 73. The sexual battery of JANE DOE was aided and assisted by the employment and/or agency relationship between DEVON BRIGANTI and BOCA RATON REGIONAL HOSPITAL. 74. DEVON BRIGANTI was able to sexually batter JANE DOE solely as.a result of the employment:and/or agency relationship “between DEVON BRIGANTI and BOCA RATON: REGIONAL HOSPITAL.Jane Doe v. Boca Raton Regional Hospital, et al. Page 15 of 18 t 75. “BOCA RATON .REGIONAL HOSPITAL, as the employer of DEVON BRIGANTI, either knew or should have known of the dangerous propensities of DEVON BRIGANTI. 76. BOCA RATON REGIONAL HOSPITAL, as the employer of DEVON BRIGANTI, either knew or should have known of the prior bad acts of DEVON BRIGANTI, that he would sexually assault patients like JANE DOE. : 77. DEVON BRIGANTI was within the scope and course of his employment when he assaulted JANE DOE because the assault occurred congmuently with the medical care that he was providing to JANE DOE. 78. DEVON BRIGANTI was provided unfettered access to the Plaintiff's hospital room based solely on his position as a registered nurse for BOCA RATON. REGIONAL HOSPITAL and the sexual assauit agaist the Plaintitf occurred based on the position of authority provided to DEVON BRIGANTI by BOCA RATON REGIONAL HOSPITAL. 79. DEVON BRIGANTI assaulted JANE DOE at the same time that he was allegedly providing medical care to her pursuant to his job at BOCA RATON REGIONAL HOSPITAL. 80. BOCA RATON REGIONAL HOSPITAL is vicariously liable for the actions of DEVON BRIGANTI becatse. BOCA RATON REGIONAL HOSPITAL, as the employer of DEVON BRIGANTI, either knew or should have known of the dangerous propensities of DEVON BRIGANTI prior to the sexual battery of JANE DOE. 81. ‘ BOCA RATON REGIONAL HOSPITAL is vicariously liable for the actions of DEVON BRIGANTI because DEVON BRIGANTI was able to sexually batter JANE DOE solely. as aresult of the employment and/or agency relationship between DEVON BRIGANTI and BOCA. 15Jane Doe v. Boca Raton Regional Hospital, et al. Page 16 of 18 RATON REGIONAL HOSPITAL, and said attack occurred. in the course and scope of BRIGANTI’s employment with BOCA RATON REGIONAL HOSPITAL. ‘WHEREFORE, Plaintiff, demands judgment for damages, interest;.and costs, against BOCA RATON REGIONAL HOSPITAL, and a. jury trial on all issues so triable‘as a matter of right. é - counrvI CLAIM AGAINST DEVON BRIGANTI ASSAULT AND BATTERY The Plaintiff realleges and reaffirms each and every allegation contained in paragraphs 1 through 37 of this Complaint as if fully asserted herein. : 82. As more fully set forth hereinabove, the Defendant, DEVON BRIGANTI, raped, sexually assaulted and sexually battered the Plaintiff. 83. At all times matetial hereto, the actions and conduct of the Defendant, DEVON BRIGANTI, in sexually assaulting and battering the Plaintiff, were without the permission and/or consent of the Plaintiff, 84. Atall times material hereto, the actions and conduct of the Defendant, DEVON BRIGANTI, in sexually assaulting and battering the Plaintiff, were unwarranted. The Plaintiff had an apprehension of ‘unwanted touching caused by Defendant, DEVON. BRIGANTI. 85. DEVON BRIGANTI committed a battery when he, without consent, made sexual contact with the Plaintiff with his penis. 86, The Plaintiffs apprehension of unwanted touching was caused directly by Defendant, DEVON BRIGANTI. 16Jane Doe v. Boca Raton Regional Hospital, et al. Page 17 of 18 4 87. Asa direct and proximate result of the foregoing, the Plaintiff, has suffered and will continue to suffer severe and permanent physical, emotional, and psychological injuries and trauma, for which she seeks compensation in this action. WHEREFORE, Plaintiff, demands judgment: for damages, interest, and costs, against: DEVON BRIGANTI, and a jury trial on all issues so triable as a matter of right. CLAIMS FOR DAMAGES FOR ALL COUNTS 88. As a direct and proximate result of the aforementioned acts, as well as the negligence ofthe Defendant, which caused the injuries of JANE DOE, the Plaintiff sets forth below the listed claims, CLAIM ON BEHALF OF JANE DOE 89, Asa direct and proximate result of the acts listed above, as well as the negligence of the Detendant, that catised the injuries to JANE DOE, ihe Piaintiff has in the past and wiil in the future continue to suffer: a. Mental pain and suffering from the date of the incident into the future; b. Loss of capacity for the enjoyment of life in the past and into the future; ¢.. Disability and physical impaimment; ; d. Aggravation of a previous condition; and, e. Value of medical expenses in the past and into the future; 90. The Plaintiffs injuries are either permanent or continuing in nature and the Plaintiff will suffer the aforementioned losses and irnpairment in the future. WHEREFORE, the Plaintiff demands. judgment for damages against Defendants and demand a trial by jury of all issues so triable by law and such other relief this Court may deem appropriate: 7