6:24-cv-00899
M.D. Fla.Jul 15, 2025Background
- Plaintiff Jordyn Thulin was assigned flight instructor Jacob Scanlon at Embry-Riddle Aeronautical University.
- Thulin alleges Scanlon subjected her to ongoing sexual harassment and unwanted physical contact, including grabbing her arm during a flight lesson.
- After reporting Scanlon's conduct to the university, Thulin alleges the university failed to investigate as required under its own Title IX policy.
- Thulin eventually left campus permanently due to continued harassment and fear, with defendant later notifying her of academic and financial penalties.
- Thulin brought multiple claims, including negligence counts (IV-VIII), against Embry-Riddle, which moved to dismiss those negligence claims under Florida's impact rule and to strike certain factual allegations as impertinent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of Florida's Impact Rule to Negligence Claims | Scanlon's physical grabbing of Thulin's arm constitutes sufficient physical impact to avoid the impact rule's bar on recovery for emotional distress. | Thulin did not allege sufficient physical injury or impact for emotional distress damages under Florida law. | Thulin sufficiently pleaded physical impact; impact rule does not bar her negligence claims. |
| Whether to Strike Paragraphs 11–14 as Scandalous/Immaterial | Allegations are based on public Clery Act records and show pattern relevant to claims. | The paragraphs are immaterial, impertinent, or scandalous. | Motion to strike denied; allegations are relevant to the dispute. |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard for plausibility in federal court)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading requirements under Rule 8)
- Willis v. Gami Golden Glades, LLC, 967 So. 2d 846 (Fla. 2007) (defining the physical impact standard for emotional distress claims under Florida law)
- Zell v. Meek, 665 So. 2d 1048 (Fla. 1995) (physical impact requirement can be slight)
- Eagle-Picher Indus., Inc. v. Cox, 481 So. 2d 517 (Fla. 3d DCA 1985) (elaborating on the nature of 'impact' that is sufficient under Florida law for emotional distress claims)