New York Criminal Lawyer Blog
A mother and a grandmother of a teenage girl filed a complaint of negligence act to one talk show. The show moved to dismiss the complaint brought by the complainants. The complainants allege that the show’s negligent actions are connected with the show’s motion on the chain of events which concluded with the girl’s rape.
It was started when the mother contacted a solicited show who presents out-of-control teen guests. A New York Sex Crimes Lawyer said that during conversations with the mother and grandmother, the show’s staff was advised that the girl was 14 years old, undergoing counseling, and taking medication for emotional illness, as well as that she recently had attempted suicide. The girl also lost a close immediate family member and reported sexual intercourse with one twenty nine year old man and five boys who were under age sixteen. It was agreed between the mother and the show that the teen would appear on the show and the show would provide the teen with follow-up psychological counseling and a corrective teen boot camp. The show will also provide the transportation, hotel arrangements and pay related expenses of the girl. The show further asked the mother and the grandmother to accompany the girl on the trip. Consequently, the girl, her mother and her grandmother were picked up by a limousine in their hometown and transported to a midtown hotel.
On the day of the taping at the studio, a woman and a show staff allegedly told the girl to act sexually provocative and also requested to look sexier by wearing her thigh-length top without slacks. A New York Sex Crimes Lawyer said that in accord with that theme, the girl claims that her sexual experience was exaggerated five-fold during the show.
While the girl was watching the taping of other guests on the show with staff members, a man approached and exchanged greetings with show personnel. In their presence, he introduced himself to the girl as a limo driver. A Nassau County Sex Crimes Lawyer said the man complimented the girl’s looks and asked for contact information so that he could show her around town at night. When the girl’s mother inquired about the exchange of contacts, an unidentified staff member told the mother not to worry because the staff had everything under control.
Later that evening, the driver called upon the girl at the hotel. After being turned away by the girl’s mother and grandmother, he persuaded the girl to sneak away. The complaint alleges that the driver drove the girl up in a limousine to a dark area, climbed in back with her, and raped her.
Based on records, the complaint asserts reason for action for negligence, negligent infliction of emotional distress, slander, negligent hiring and retention, and the negligence itself.
The opponent also present heavily redacted contracts as documentary evidence indicating that individual opponents were employed by or were independent contractors of the talk show. The complainants push for the claims against another man and the other corporate opponents.
The opponents also assert that they owed no duty of care to the girl at the time of the incident and that all negligence claims must fall. As a result, a Queens Sex Crimes Lawyer said it is determined that the girl has adequately pleaded a cause of action for negligence. The slander claim is dismissed because the offending words are not set forth in the complaint. The negligent claim itself is also dismissed as to each opponent.
Moreover, the complainant’s cross-motion for leave to revise is denied except as to the slander claim. The balance of the complainant’s request is not supported by a proposed modified pleading or by evidentiary supporting material. Finally, a negligent retention and hiring claim is permitted to precede pending the discovery.
Even if the lawmaking bodies made lots of provisions on crimes committed against woman and children, more and more related incidents happen. If your daughter suffered traumatic sexual assault, the NYC Sex Crime Lawyers can be your legal guide and assistant in your lawsuit. Yet, if you want the New York City Criminal Attorneys at Stephen Bilkis and Associates, just call the office and take advantage of the lawyer’s expertise.