Escolar Documentos
Profissional Documentos
Cultura Documentos
“Defendants”), and for cause of action would respectfully show this Honorable Court the
following:
I.
PARTIES
2. Upon information and belief, Nassar was formerly a resident of Michigan and is now
serving a sixty (60) year sentence in federal prison in Tucson, Arizona. Nassar had been
Training Camp and the causes of action stated herein arise out of that activity. Nassar
has no registered agent for service in Texas. Therefore, service of citation can be had
upon Nassar pursuant to Texas Civil Practice and Remedies Code §17.041(c). The Texas
Long Statute and service of citation can be effected upon Nassar through the Texas
Secretary of State with instructions to the Texas Secretary of State to forward the citation
to Nassar (Register Number 21504-050) in his prison cell located at USP Tucson 9300
South Wilmot Road, Tucson, Arizona 85756. The Clerk of Court is respectfully
requested to issue citation for service upon DR. LAWRENCE GERARD (LARRY)
NASSAR and send said service to counsel for Vega, Michael W. Kerensky, 440
Louisiana, Suite 2300, Houston, Texas 77002 for the purpose of effecting service upon
3. Upon information and belief, USA Gymnastics was incorporated in Texas and has its
principal place of business in Indianapolis, Indiana. The causes of action asserted herein
arise out of said business conducted by USA Gymnastics in Walker County, Texas. USA
Gymnastics may be served with process by and through its registered agent CT
Corporation System located at 1999 Bryan Street Ste 900 Dallas, Texas 75201. The
Clerk of Court is respectfully requested to issue citation for service upon USA
GYMNASTICS, INC. and forward said citation to counsel for Vega, Michael W.
Kerensky, 440 Louisiana, Suite 2300, Houston, Texas, 77002 for the purpose of effecting
Texas with its principal place of business in Colorado Springs, Colorado. The causes of
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action asserted herein arose out of business activity in Texas by the USOC. The USOC
may be served with process by and through its registered agent National Registered
Agents, Inc. located at 1999 Bryan St. Ste 900 Dallas, Texas 75201. The Clerk of Court
is respectfully requested to issue citation for service upon the UNITED STATES
OLYMPIC COMMITTEE and forward said citation to counsel for Vega, Michael W.
Kerensky, 440 Louisiana, Suite 2300, Houston, Texas, for the purpose of effecting
service upon the United States Olympic Committee through the appropriate manner.
4. Upon information and belief, Bela Karolyi is an adult male individual who, upon
information and belief, is a resident citizen of Walker County, Texas. For decades, Bela
Karolyi trained elite gymnasts to compete nationally and internationally and at the
Olympics. Service of Citation can be had upon Bela Karolyi at his home address located
at 454 Forest Service Rd. #200, Huntsville, Texas 77340. The Clerk of Court is
respectfully requested to issue citation for service upon BELA KAROLYI and forward
said citation to attorney for Vega, Bennie Rush, 1300 11th Street, Suite 300, Huntsville,
Texas 77340 for the purposes of effecting service upon Bella Karolyi.
5. Upon information and belief, Marta Karolyi is an adult female individual who, upon
information and belief, is a resident citizen of Walker County, Texas. Marta Karolyi
acted as the National Team Coordinator of USA Gymnastics from 2000 to 2016. Service
of Citation can be had upon Marta Karolyi at her home address located at 454 Forest
Service Rd. #200, Huntsville, Texas 77340. The Clerk of Court is respectfully requested
to issue citation for service upon MARTA KAROYLI and forward said citation to
attorney for Vega, Bennie Rush, 1300 11th Street, Suite 300, Huntsville, Texas 77340 for
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6. Upon information and belief, Karolyi Training Camp is a limited liability company
formed in Texas which operated the Karolyi Ranch. Karolyi Training Camp may be
served with process by and through its registered agent Marta Karolyi located at 454
Forest Service Road #200, Huntsville, Texas 77340. The Clerk of Court is respectfully
requested to issue citation for service upon KAROLYI TRAINING CAMPS, LLC and
forward said citation to attorney for Vega, Bennie Rush, 1300 11th Street, Suite 300,
Huntsville, Texas 77340 for the purposes of effecting service upon Karolyi Training
Camp.
7. Upon information and belief, BMK is a limited partnership formed in Texas which owns
the Karolyi Ranch. BMK may be served with process by and through its registered agent
Bela Karolyi located at 454 Forest Service Road #200, Huntsville, Texas 77340. The
Clerk of Court is respectfully requested to issue citation for service upon BMK
PARTNERS, LTD and forward said citation to attorney for Vega, Bennie Rush, 1300
11th Street, Suite 300, Huntsville, Texas 77340 for the purposes of effecting service upon
BMK.
IV.
8. Venue is proper in Walker County, Texas, on the grounds that all or a substantial part of
the events or omissions giving rise to the claims asserted herein occurred in Huntsville,
Texas. This case is brought under Texas state law. The amount in controversy exceeds
the minimum jurisdictional limits of this Court. This court has jurisdiction over the
claims herein because the amount in controversy is within the jurisdictional limits of the
Court.
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V.
RULE 47 DISCLOSURES
9. Vega seeks all elements of damages allowed under Texas law and the maximum amount
of punitive or exemplary damages allowed under Texas law. The amount of damages
VI.
10. Vega intends that discovery be conducted under Discovery Level 3 in accordance with
Texas Rule of Civil Procedure 190.4, and requests that the court enter a discovery control
VII.
11. Vega is a former elite gymnast who trained for four (4) years from 2008 through 2012
under the care and supervision of USA Gymnastics and the USOC. During that time,
Vega won medals and praise for her country, all the while she was being repeatedly
molested by convicted felon Nassar1, the team doctor for USA Gymnastics. USA
Gymnastics and the USOC gave Nassar unfettered access to vulnerable children who
were far away from their families and Nassar used the access provided by USA
Gymnastics and the USOC to serially abuse Vega and countless others. Nassar preyed
upon naïve underaged elite athletes suffering from legitimate injuries, often training and
1Nassar is now serving a 60-year prison sentence for federal child pornography charges. Nassar also received 40 to
125 years in prison after he pled guilty to three (3) charges of criminal sexual conduct in Eaton County in Michigan.
Nassar pled guilty to seven (7) counts of sexual assault in Lansing, Michigan and was sentenced to 40 to 175 years.
5
competing through excruciating pain, and manipulated them into believing he was trying
to provide relief, while in fact he was molesting them for his own pleasure. The events
described herein reflect a massive top down institutional failure by USA Gymnastics and
the USOC. Specifically, USA Gymnastics and the USOC failed to implement necessary
procedures to educate USA Gymnastics staff and athletes on the prevention and reporting
behavior. In doing so, USA Gymnastics together with the USOC, caused considerable
harm to Vega and knowingly exposed its athletes to sexual assault in order to protect
their own reputations. It is clear that USA Gymnastics and the USOC valued medals and
acclaim more than the safety and wellbeing of their athletes. USA Gymnastics and the
USOC were responsible for the safety and wellbeing of their athletes. USA Gymnastics
and the USOC breached their duty to Vega when they failed to supervise Nassar and
USA Gymnastics to ensure that USA Gymnastics and Nassar were following USOC
mandates. Further, the Karolyi Defendants operated the Karolyi Ranch where some or all
of the sexual assaults upon Vega and other gymnasts by Nassar were committed. The
Karolyi Defendants knew or should have known that Nassar was assaulting and sexually
abusing gymnasts entrusted to their care. The Karolyi Defendants did nothing to protect
gymnasts, including Vega, who were training at their site for weeks at a time. Vega and
other gymnasts, most of whom were minors at the relevant times, relied on the Karolyi
Defendants to provide a safe environment free from sexual assault, molestation and
abuse. The Karolyi Defendants wholly failed in their duty to provide a safe environment
free from sexual assault, molestation, and abuse. As a result of the Defendants’ conduct,
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extreme depression and anxiety. Vega suffers from post-traumatic stress disorder and
anxiety caused by Nassar’s abuse and USA Gymnastics, the USOC and the Karolyi
Defendants’ negligence.
VIII.
FACTUAL ALLEGATIONS
PLAINTIFF
13. Vega trained as an elite gymnast with USA Gymnastics from 2008 through 2012.
14. While away from home, USA Gymnastics was responsible for Vega.
15. Vega was a member of the United States team that won gold at the 2011 World
Championships.
16. When Vega began training with USA Gymnastics, she was only twelve (12) years old.
17. During this time, Vega would spend approximately one (1) week per month training at
the Karolyi Ranch (the “Ranch”) in Texas. Upon information and belief, the Ranch was
the USA Gymnastics National Team Training Center and the United States Olympic
Training Center.
18. Vega travelled with USA Gymnastics throughout the United States and internationally to
19. Vega was repeatedly sexually abused by Nassar under the supervision of USA
Gymnastics and the USOC from 2008 through 2012 at the Ranch and at competitions in
20. This sexual abuse occurred at events where USA Gymnastics, the USOC and the Karolyi
Defendants were responsible for Vega’s safety. USA Gymnastics, the USOC and the
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Karolyi Defendants were obligated to supervise Vega and ensure that the staff who was
hired or otherwise had access to the young gymnasts followed the proper procedures and
protocols regarding the protection of the gymnasts from sexual exploitation or abuse.
21. This complaint is brought pursuant to Texas Civil Practice & Remedies Code
§16.0045(a) which governs the statutes of limitation arising from sexual assault of a
child. As a victim sexual assault of a child, Vega has fifteen (15) years from the date of
her eighteenth (18th) birthday to commence an action and thus her Complaint is timely.
DEFENDANTS
USA Gymnastics
22. USA Gymnastics was incorporated in Texas and has its principal place of business in
Indianapolis, Indiana.
23. USA Gymnastics is the national governing body (“NGB”) for gymnastics in the United
States and is responsible for selecting and training the United States gymnastics team for
24. USA Gymnastics has more than 175,000 athletes and professional members, more than
145,000 athletes registered in competitive programs and more than 25,000 professional,
25. There are approximately 4,000 USA Gymnastics sanctioned competitions and events held
26. USA Gymnastics is the primary entity responsible for operating and controlling the
activities and behavior of its employee agents, including but not limited to Nassar.
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disciplines, which includes an environment free from sexual misconduct.
It is inconsistent with this obligation for any Member to: 1. Solicit or
engage in sexual relations with any minor. 2. Engage in any behavior that
utilizes the influence of a professional Member's position as coach, judge,
official or administrator to encourage sexual relations with an athlete or
participant. 3. Engage in sexual harassment by making unwelcome
advances, requests for sexual favors or other verbal or physical conduct of
a sexual nature where such conduct creates an intimidating, hostile or
offensive environment.
28. Under applicable laws, USA Gymnastics’ employees, agents and/or servants are
legally “mandated reporters” as their duties require direct contact and supervision
of children.
29. USA Gymnastics receives millions of dollars in private donations and public
support annually. Upon information and belief, USA Gymnastics turned a blind
avoid public scrutiny, civil and/or criminal investigation and maintain the
financial support for its programs. This conduct was done at the expense of the
30. The USOC is a corporation with its principal place of business in Colorado Springs,
responsible for the oversight of Olympic and Paralympic sport in the United States.
31. The USOC has an obligation to ensure that proper supervision will be provided for
athletes who will participate in the competition before granting organizations, such as
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32. By letter dated October 11, 1999, then president of USA Gymnastics Bob Colarossi put
the USOC on notice that the USOC membership and credentialing process was broken
and that he was “deeply concerned by the apparent indifference to the welfare of young
children” manifested in the USOC. At that time, USA Gymnastics tried to implement
stringent policies and procedures to protect its athletes from abuse and the USOC
33. In 2010, during the period of time that Vega was abused by Nassar, the USOC convened
what it called a “Working Group for Safe Training Environments” to address physical
34. The USOC did not implement safety rules to protect its athletes until 2012 when it
and positive environment for athletes’ physical, emotional and social development and to
failed miserably.
35. Nassar is an adult male individual, who was at all relevant times a citizen of the State of
Michigan.
36. Upon information and belief, Nassar was hired by USA Gymnastics as a trainer in or
around 1986 and Nassar became the team medical director and physician for the
37. Upon information and belief, Nassar provided alleged “treatments” to USA Gymnastics
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38. Nassar traveled with USA Gymnastics and provided the alleged “treatments” to gymnasts
39. Nassar was appointed by USA Gymnastics as a certified athletic trainer and Osteopathic
40. Nassar’s position as the USA Gymnastics team doctor provided him access to hundreds
41. USA Gymnastics entrusted Nassar with its athletes and Nassar used this position of trust
and confidence to exploit Vega and other gymnasts for his own perverse sexual
gratification. Nassar’s exploitation and sexual abuse of Vega and many other young
gymnasts occurred in many venues including but not limited to the Ranch in Walker
County, Texas.
43. Upon information and belief, a parent of a gymnast at Twistars USA Gymnastics Club
44. Upon information and belief, complaints about Nassar’ conduct were made to Michigan
45. Upon information and belief, Nassar was repeatedly informally reprimanded by USA
Gymnastics and the USOC for taking an inordinate number of photographs of young
female gymnasts.
46. Upon information and belief, Nassar’s conduct was not formally investigated or
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48. Upon information and belief, had USA Gymnastics and the USOC properly implemented
safety policies and procedures and effectively investigated the abundant warning signs of
Nassar’s perverse behavior, Vega and countless other children would not have been
49. Due to USA Gymnastics and the USOC’s special relationship to Vega, USA Gymnastics
and the USOC had a duty and obligation under the law to advise parents and athletes
Karolyi Defendants
50. The Karolyi Defendants were responsible for supervising Vega and other minor gymnasts
51. The Karolyi Defendants allowed Nassar to come into contact with minor children,
including Vega, which provided him access to sexually molest them when he was
52. The Karolyi Defendants were responsible for the Ranch and allowed Nassar to be alone
in cabins with Vega and other gymnasts which allowed him to sexually abuse them.
53. Upon information and belief, the Karolyi Defendants turned a blind-eye to Nassar’s
54. At all relevant times, Vega was a minor participant and member of USA Gymnastics and
55. Nassar worked for, was employed by, and/or was an agent/servant of USA Gymnastics
56. Nassar was the team physician and trainer for USA Gymnastics and the USOC.
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57. Nassar’s employment duties involved coordinating care, providing individual care and
providing for the physical needs and well-being of USA Gymnastics athletes including
58. USA Gymnastics and the USOC knew or should have known that Nassar had engaged in
unlawful sexually-related conduct in the past and/or was continuing to engage in such
conduct.
59. USA Gymnastics and the USOC had a duty to disclose these facts to Vega, her parents
60. Upon information and belief, USA Gymnastics and the USOC knew or should have
known about Nassar’s propensity and disposition to engage in sexual misconduct with
61. USA Gymnastics and the USOC failed to implement reasonable safeguards to avoid acts
62. USA Gymnastics and the USOC failed to implement protocols whereby a witness was
63. Early on in Vega’s training, she experienced a stress fracture in her back and she was
64. Often, Vega would receive “treatment” Nassar with no one else in the room.
65. On other occasions, Debbie Van Horn, a USA Gymnastics trainer, was in the room
66. Although male coaches and trainers were not allowed to go into the gymnasts’ cabin at
the Ranch, Nassar was allowed to enter their cabins and give them “treatment” in a back
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room without supervision. Upon information and belief, USA Gymnastics, the USOC
and the Karolyi Defendants implemented no procedures to ensure that its athletes were
safe.
67. Vega estimates that Nassar molested her hundreds of times at the Ranch and at
68. At first, Nassar’s “treatments” were ordinary, working on Vega’s range of motion,
69. As part of the “grooming” of the gymnasts that he abused, Nassar would express empathy
70. Nassar portrayed himself to Vega and the other gymnasts as the “good guy” and, under
that guise, attempted to befriend and identify with them by talking about school and their
personal lives.
71. Over time, Nassar grew emboldened and his “treatment” of Vega grew increasingly
inappropriate.
72. Vega observed Nassar breathing heavily and closing his eyes while molesting her.
73. Nassar made Vega lie on a table or bed with no pants on.
74. Nassar massaged Vega’s back and massaged below her back and onto her buttocks.
75. When massaging Vega’s shoulders, Nassar massaged below the shoulders and brought
76. At times, Nassar worked on Vega’s thighs and he stroked her inner thighs in an
inappropriate fashion.
77. During almost every treatment, Nassar pulled Vega’s underwear to the side and
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78. At first, Nassar stroked inside of Vega’s vagina for only a few minutes and over time this
79. While Nassar inserted his fingers inside of Vega for his own pleasure, he tried to
convince her that this “treatment” would alleviate her pain and that it would release her
80. Vega was only a child and while she felt Nassar’s “treatment” was peculiar and made her
uncomfortable, she did not understand at the time that he was sexually molesting her.
81. While training with USA Gymnastics, Vega observed that a lot of the other girls said
similar things about Nassar’s “treatment” but did not really understand what was
happening.
Today
82. During the years following Vega’s training with USA Gymnastics, Vega repressed the
83. When the scandal of Nassar, USA Gymnastics and the USOC erupted throughout the
media, Vega was forced to confront and relive these memories and traumas again.
84. Vega retired from international competition and now competes in NCAA gymnastics for
85. Vega’s depression and anxiety, caused by Defendants, interferes with her daily life.
86. Vega suffers from panic attacks and is sometimes even scared to even go outside.
87. Vega is seeing a counselor to help her cope with the severe psychological trauma
resulting from the abuse and the realization that the Defendants who were entrusted with
her safety failed to protect her from someone they knew or should have known was a
sexual predator.
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VI.
CAUSES OF ACTION
88. Vega incorporates by reference all of the foregoing paragraphs as though set forth fully
herein.
89. By reason of the facts set forth above, USA Gymnastics, the USOC and the Karolyi
Defendants were negligent and grossly negligent regarding Nassar’s sexual molestation
and abuse of Vega, thereby proximately causing injuries and damages to Vega.
90. USA Gymnastics, the USOC and the Karolyi Defendants acted with gross negligence, as
that term is defined by Civil Practice Remedies Code §41.001(11). Specifically, the
aforementioned acts were done with conscious and willful indifference to Vega’s safety
and well-being and, as such, amount to gross negligence for which Vega seeks recovery
deter such unconscionable conduct in the future. The grossly negligent acts and conduct
of USA Gymnastics, the USOC and the Karolyi Defendants were in heedless and reckless
disregard of the rights of Vega and involved such want of care as to indicate that it was
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CAUSE OF ACTION - NEGLIGENCE AGAINST USA GYMNASTICS,
THE USOC AND THE KAROLYI DEFENDANTS
91. Vega incorporates by reference all of the foregoing paragraphs as though set forth fully
herein.
92. While Vega trained at the Ranch with USA Gymnastics and the Karolyi Defendants
under the designation and supervision of the USOC, she was in the care of USA
Gymnastics, the USOC and the Karolyi Defendants. USA Gymnastics, the USOC and
the Karolyi Defendants were entrusted with the care, welfare and physical custody of
Vega and owed her a special duty of care that adults chaperoning children owe to protect
them from harm. The duty to protect and warn arose from this special relationship.
93. USA Gymnastics, the USOC and the Karolyi Defendants breached their duty of care to
Vega by allowing Nassar to come into contact with her without supervision.
94. Prior to and during the time that Nassar assaulted, molested and abused Vega, USA
Gymnastics, the USOC and the Karolyi Defendants knew or should have known that
Nassar had and was sexually and physically abusing as well as mentally abusing Vega
95. USA Gymnastics, USOC and the Karolyi Defendants singularly and collectively and
jointly and severally, committed negligence by failing to act as a reasonable and prudent
96. Specifically, USA Gymnastics, the USOC and the Karolyi Defendants committed
negligence by:
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b. Failing to create and implement policies and procedures to prevent the hiring or
d. Failing to ensure that any medical treatment she received would be within the
e. Failing to warn or advise Vega or her parents what they knew, when they knew it
about Nassar’s proclivities for sexual exploitation or any other aberrant behavior
f. Committing other acts of negligence which Vega shall further describe and prove
97. USA Gymnastics, the USOC and the Karolyi Defendants knew or by the exercise of
ordinary and prudent care should have known that permitting Nassar to be in any position
of authority, respect, and trust, particularly as a trainer and doctor to minor athletes,
98. USA Gymnastics, the USOC, and the Karolyi Defendants’ negligence, singularly and
collectively and jointly and severally, proximately caused Vega’s personal injuries,
99. Vega incorporates by reference all of the foregoing paragraphs as though set forth fully
herein.
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100. By virtue of Vega’s special relationship with USA Gymnastics and the USOC,
USA Gymnastics and the USOC owed Vega a duty to provide reasonable supervision of
adequate warning to Vega, Vega’s family and other minor athletes regarding Nassar’s
dangerous propensities. As organizations responsible for, and entrusted with, the welfare
of minor children, USA Gymnastics and the USOC had a duty to protect Vega and to
101. USA Gymnastics and the USOC knew or should have known about Nassar’s
dangerous propensities and that Nassar was unfit to act as their agent.
102. Despite such knowledge, USA Gymnastics and the USOC negligently supervised,
retained and/or continued the employment of Nassar in a position of trust, confidence and
authority as a doctor of gymnasts in direct contact with minor children when it knew or
103. At no time did USA Gymnastics or the USOC have in place or implement a
104. USA Gymnastics and the USOC knew or should have known that Nassar had
engaged in, and was continuing to engage in, unlawful sexual conduct with minors, and
had engaged in other felonies, for his own personal gratification, and that it was
foreseeable that he was engaging, or would engage in illicit sexual activities with Vega,
and others under a veil of the authority and trust of USA Gymnastics and the USOC.
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105. USA Gymnastics and the USOC were placed on actual or constructive notice that
Nassar had molested other minor athletes during his role as the team physician prior to
and during the time that Nassar sexually molested and abused Vega.
106. USA Gymnastics and the USOC failed to investigate, supervisor or monitor
107. Vega incorporates by reference all of the foregoing paragraphs as though set forth
fully herein.
108. At all material times, Nassar was part of and employed as a doctor and team
trainer by USA Gymnastics and the USOC and was under USA Gymnastics and the
USOC’s direct supervision and control when he engaged in illicit sexual contact with
Vega.
109. As a doctor and team trainer, he acted upon delegated authority of USA
Gymnastics and the USOC as an agent, apparent agent or ostensible agent for them.
Nassar came to know Vega and gained access to Vega because of his status as a doctor
110. Nassar acted within the course of his position as USA Gymnastics and the USOC
Doctor. Nassar gained access to Vega and hundreds of other gymnasts because USA
Gymnastics and the USOC allowed his sexual abuse to pass as “treatment.” USA
Gymnastics and the USOC allowed Nassar to administer the fake “treatment” under the
111. Therefore, USA Gymnastics and the USOC are liable for the wrongful conduct.
Vega hereby invokes the doctrines of agency, apparent agency, agency by estoppel,
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vicarious liability (including non-delegable duty) and respondeat superior as to USA
112. Vega incorporates by reference all of the foregoing paragraphs as though set forth
fully herein.
113. USA Gymnastics, the USOC and the Karolyi Defendants were under the duty to
disclose the extent of the problem of sexual abuse of minor athletes by Nassar and the
severe psychological problems that would result from such abuse. USA Gymnastics, the
USOC and the Karolyi Defendants fraudulently concealed this information, allowing
Nassar access to children for his own sexual gratification. This fraudulent concealment
was a proximate cause of Nassar’s sexual abuse of Vega. If USA Gymnastics, the USOC
and/or the Karolyi Defendants had made full disclosure of what they knew, when they
knew it, about Nassar’s aberrant behavior with minor athletes, Vega and/or her parents
would have been in a position to protect Vega from Nassar’s sexual abuse.
114. Vega incorporates by reference all of the foregoing paragraphs as though set forth
fully herein.
116. Defendants conduct toward Vega, as described herein, was so outrageous and
117. A reasonable person would not expect or tolerate USA Gymnastics or the
21
which enabled Nassar to have access to minor athletes including Vega so that he could
molest them.
118. By failing to report Nassar or abide by the legal reporting obligations and by
failing to notify parents of Nassar’s conduct and the allegations made against him, USA
Gymnastics, the USOC and the Karolyi Defendants knew that Vega would be directly
harmed.
119. As a result of the conduct, Vega suffered severe psychological harm and physical
injury and will continue to suffer as described herein for the foreseeable future.
120. In subjecting Vega to the willful conduct herein, USA Gymnastics, the USOC and
the Karolyi Defendants acted willfully and maliciously with the intent to harm Vega and
in conscious disregard of her rights and as a result of this conduct, Vega seeks actual and
punitive damages.
121. Vega incorporates by reference all of the foregoing paragraphs as though set forth
fully herein.
122. Vega alleges that USA Gymnastics, the USOC and the Karolyi Defendants are
liable for acts and/or commissions pursuant to Restatement (Second) of Torts, Section
302B, under the legal doctrine of negligent assumption of risk of intentional or criminal
conduct. An act or omission may be negligent if the actor realizes or should realize that it
involves an unreasonable risk of harm to another through the conduct of the other or a
third person which is intended to cause harm, even though such conduct is criminal.
22
123. In this regard, Vega pleads Negligent Assumption of the Risk of Intentional
Conduct or Criminal Conduct based on the facts set forth above. Specifically, USA
Gymnastics, the USOC and the Karolyi Defendants knew or should have known that
124. USA Gymnastics, the USOC and the Karolyi Defendants’ wrongful conduct in
this regard, singularly and collectively and jointly and severally, proximately caused
125. Vega incorporates by reference all of the foregoing paragraphs as though set forth
fully herein.
126. Nassar repeatedly committed the intentional torts of assault and battery upon
Vega. Vega suffered physical and emotional harm as a result of Nassar’s attack upon
her. Vega seeks actual and punitive damages as a result of these outrageous intentional
torts.
VII.
DAMAGES
127. Vega incorporates by reference all of the foregoing paragraphs as though set forth
fully herein.
128. As a direct and proximate result of Defendants’ wrongful actions, Vega suffered
serious personal injury and mental anguish and trauma. Accordingly, Vega seeks the
following damages:
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b. Reasonable and necessary medical, psychiatric, and psychological expenses
p. Costs of Court.
IX.
X.
130. For these reasons, Vega respectfully prays that Defendants be cited to appear and
answer herein, and that upon a final hearing of this matter, judgment be entered for Vega
24
against Defendants and that Vega be awarded the damages described above, and such
other and further relief, at law or in equity, to which she may be justly entitled.
Respectfully submitted,
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