12 F. Supp. 3d 674
S.D.N.Y.2014Background
- Plaintiff Jane Doe filed an original complaint on January 25, 2013 seeking relief against Saudi Oger Ltd. for alleged sexual assault by a Saudi Oger employee.
- Saudi Oger moved to dismiss the FAC under Rule 12(b)(6) after removal of Hariri Interests as a defendant and withdrawal of certain claims.
- The FAC alleges that Mustapha Ouanes, then employed by Saudi Oger’s VIP unit, assaulted Plaintiff at the Plaza Hotel in 2010.
- Ouanes was convicted of rape and sexual abuse in 2012; he was described as working for Saudi Oger’s VIP unit serving the Prince.
- Plaintiff asserts negligent supervision, negligent retention, and respondeat superior claims against Saudi Oger based on alleged knowledge of Ouanes’ propensity to abuse women.
- The court applied a Rule 12(b)(6) standard, accepting well-pled facts as true and testing plausibility, not ultimate likelihood of success.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Respondeat superior viability | Doe argues Ouanes’ acts fall within Saudi Oger’s scope of employment. | Saudi Oger contends the acts were personal, not within employment scope, and not in furtherance of the employer’s interests. | Respondeat superior claim dismissed; not plausibly within scope or business purpose. |
| Negligent supervision or retention viability | Doe asserts Saudi Oger knew or should have known of Ouanes’ predisposition and failed to supervise. | Saudi Oger argues no prior acts or knowledge alleged; no basis to infer foreseeability.</br> | Negligent supervision/retention claim dismissed; no facts showing prior acts or knowledge; premises not sufficiently alleged. |
| Punitive damages viability | Doe seeks punitive damages on surviving claims. | Because underlying claims fail, punitive damages are inappropriate. | Punitive damages claim dismissed; no viable underlying compensatory claim. |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (plausibility pleading standard)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (pleading must nudge claims across line from conceivable to plausible)
- Haybeck v. Prodigy Servs. Co., 944 F. Supp. 326 (S.D.N.Y. 1996) (no vicarious liability for sexual misconduct under usual scope grounds)
- Adorno v. Corr. Servs. Corp., 312 F. Supp. 2d 505 (S.D.N.Y. 2004) (no vicarious liability for sexual misconduct)
- D’Amico v. Christie, 71 N.Y.2d 76 (N.Y. 1987) (duty to control employee conduct on or off premises limited to premises/chattels)
- K.I. v. NYC Bd. of Educ., 256 A.D.2d 189 (N.Y. App. Div. 1st Dept. 1998) (negligent supervision requires known propensity or prior acts)