Filing # 100345886 E-Filed 12/16/2019 10:49:50 AM

IN THE CIRCUIT COURT OF THE 19TH JUDCIAL

CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA

CASE NO.:
AMANDA JOHNSON,

Plaintiff,

vs.

TREASURE COAST GI, LLC and

SCOTT ALTSCHULER,

Defendants.
___________________________________/

COMPLAINT

COMES NOW the Plaintiff, AMANDA JOHNSON, by and through their undersigned

attorneys and sue the Defendants, TREASURE COAST GI, LLC and SCOTT ALTSCHULER,

and says:

1. This is an action for damages arising from a series of sexual assaults and batteries which
exceed the sum of Fifteen Thousand ($15,000.00) Dollars.

2. At all times material hereto, the Plaintiff, was a resident of St. Lucie County, Florida.
3. At all times material hereto, the Defendant, SCOTT ALTSCHULER, MD
(“ALTSCHULER”), was and is a resident of St. Lucie County, Florida.

4. At all times material to this cause, the Defendant, TREASURE COAST GI, LLC
(“TREASURE COAST”), was and is a Florida Corporation licensed to and doing business
in the State of Florida.

5. At all times material to this case, the Defendant, TREASURE COAST, owned, operated,
was in possession of, and/or staffed a medical facility, located at 1701 SE Hillmoor Drive,
Suite 4, Port St. Lucie, FL 34952.

6. At all times relevant hereto SCOTT ALTSCHULER was employed by TREASURE

COAST and managed, operated, and practiced medicine at the facility.

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7. At all times relevant hereto Defendant, TREASURE COAST, was responsible for the
negligent, reckless and intentional actions of its employees, agents, and/or
servants/contractors, including Defendant ALTSCHULER. Accordingly, TREASURE
COAST was, and remains, vicariously liable to Plaintiff for the acts of its actual and
apparent agent, ALTSCHULER, pursuant to the doctrine of respondeat superior. All
references throughout this Complaint to the “Defendants” include, and also refer to, the
acts and/or failures to act of TREASURE COAST’s employees, agents, and/or
servants/contractors.

8. Venue is proper in St. Lucie County, Florida, as the incident that is the subject of this
action, occurred in St. Lucie County, Florida.
FACTS GIVING RISE TO CAUSES OF ACTION

Plaintiff reiterates, re-alleges and adopts the forgoing paragraphs 1 through 8 herein above,

and further alleges:

9. On or about, July 23, 2017, TREASURE COAST and/or ALTSCHULER, hired Plaintiff
in the role of Office Manager for the facility. Plaintiff was the direct subordinate to
ALTSCHULER.

10. During Plaintiff’s employment with TREASURE COAST, she was one of
ALTSCHULER’s patients, which gave ALTSCHULER access to her private health
information that is obtained in the course of the doctor patient relationship.

11. During the course of Plaintiff’s employment with TREASURE COAST, ALTSCHULER
committed a series of sexual assaults and batteries upon Plaintiff, including, but not limited
to the following incidents:

(a) On at least three (3) occasions during Plaintiff’s employment, ALTSCHULER

cornered Plaintiff in TREASURE COAST’s office and pressed his lips against hers,
to which she responded “get off of me.”

(b) On or about August 16, 2017, ALTSCHULER asked Plaintiff to tidy up electrical
wires that were on the floor until a technical support individual could return to fix
it. While ALTSCHULER was sitting in a chair, and Plaintiff was crawling on the
floor, ALTSCHULER grabbed the back of her head and pushed it down towards
his crotch, as if to mimic oral sex. ALTSCHULER made crude noises during this
action. Plaintiff immediately got up and screamed, “No!” In response,
ALTSCHULER laughed, and subsequently apologized.

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 (c) On or about November 28, 2017, while Plaintiff and ALTSCHULER were
discussing a patient, he placed his hand on Plaintiff’s thigh.

(d) On or about December 20, 2017, ALTSCHULER pressed his erect penis against
Plaintiff’s buttocks while in TREASURE COAST’s office. ALTSCHULER used
the pretext of asking Plaintiff to stand up as if she had something on her pants.
Plaintiff turned around to attempt to see if there was something there.
ALTSCHULER put his hand on the small of her back, wrapped his arm around her
and with the other hand pushed her between her shoulder blades and pushed her
chest towards the desk, then pressed his erect penis against her buttocks.

(e) On or about early 2018, during the course of a gastrointestinal physical examination
of Plaintiff, ALTSCHULER while examining Plaintiff’s stomach exclaimed, “Oh,
you shave?” and proceeded to slide his hand down to her pelvic region in an attempt
to touch her vagina.

(f) On or about April 2018, ALTSCHULER grabbed Plaintiff’s breast in the office of
TREASURE COAST’s medical facility.

(g) On or about July 2018, Plaintiff and ALTSCHULER discussed whether Plaintiff
could obtain a pay increase. Instead of simply denying Plaintiff’s request,
ALTSCHULER offered a sexually explicit quid pro quo to Plaintiff stating that he
could “arrange other things for her to do on the side” in exchange for more money.
Plaintiff told ALTSCHULER that she was not a slut. ALTSCHULER asked if
Plaintiff knew any women looking for a good time that did not have morals or
values.

(h) On or about May 13, 2019, while in the TREASURE COAST office,
ALTSCHULER walked up behind Plaintiff and started rubbing her shoulders. She
did not consent to ALTSCHUER rubbing her shoulders and replied, “No, thank
you.” ALTSCHULER then reached beneath Plaintiff’s shirt and grabbed her nipple.
Plaintiff yelled at ALTSCHULER and said that was not OK. In response,
ALTSCHULER placed his index finger over her lips to and said, “shhh, it’s fine,
it’s fine.”

(i) On or about August 22, 2019, ALTSCHULER, asked Plaintiff if they could “f---k
around” and said he could get her nipples hard.

12. ALTSCHULER repeatedly promised Plaintiff that he would stop the inappropriate,
abusive and offensive behavior, yet he continued to sexually harass and batter Plaintiff.

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13. TREASURE COAST did not have a human resource department or an individual employed
in a capacity such that Plaintiff or any other employee could report incidents of sexual
harassment or sexual battery.

14. On or about September 23, 2019, as a result of ALTSCHULER’s continuous and unwanted
sexual advances, assaults and batteries perpetrated against Plaintiff, Plaintiff had no
alternative but to tender her resignation.
COUNT I -NEGLIGENT SUPERVISON AND
RETENTION AGAINST TREASURE COAST

Plaintiff, AMANDA JOHNSON re-alleges and adopts the forgoing paragraphs 1 through

14 herein above, and further alleges:

15. At all material times relevant hereto, TREASURE COAST owed a duty to Plaintiff to
insure the safety, care, wellbeing and health of Plaintiff while she was working for
TREASURE COAST.

16. At all relevant times, TREASURE COAST knew or in the exercise of reasonable care
should have known that ALTSCHULER was unfit, dangerous, and a threat to the health,
safety and welfare of female employees, including Plaintiff.

17. With such actual and/or constructive knowledge, TREASURE COAST provided
ALTSCHULER unfettered access to Plaintiff including, inter alia, unlimited and
uncontrolled privacy.

18. TREASURE COAST had a duty of care to Plaintiff and other employees to prohibit
ALTSCHULER from privately interacting with Plaintiff given ALTSCHULER’s
propensity to behave inappropriately, threaten, harm, assault, and otherwise mentally,
physically, and emotionally injure residents.

19. TREASURE COAST had a duty of care to Plaintiff and its employees when hiring,
retaining, supervising, and evaluating ALTSCHULER, to timely, adequately, and
appropriately heed and act on all reasonable suggestions that ALTSCHULER had a
propensity to, and/or had actually, behaved inappropriately and/or engaged in sexual acts
with patients and/or employees prior to his employment with TREASURE COAST.

20. Assaults and sexual batteries of the sort suffered by Plaintiff were entirely preventable had
TREASURE COAST timely, adequately, and appropriately supervised ALTSCHULER
and prevented him from having continued unfettered and unsupervised access to Plaintiff.

21. In breach of its duty of care, TREASURE COAST negligently failed to timely, adequately,
and appropriately supervise ALTSCHULER or discipline him.
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22. In breach of its duty of care, TREASURE COAST negligently retained ALTSCHULER
when TREASURE COAST knew, or should have known, of ALTSCHULER’s propensity
to sexually assault, batter, and otherwise harm and injure a subordinate employee, such as
Plaintiff.

23. As a direct and proximate result of TREASURE COAST’s negligent supervision and
retention of ALTSCHULER, Plaintiff was assaulted and sexually battered by
ALTSCHULER, sustained severe and permanent psychological, emotional and physical
injuries, shame, humiliation and the inability to lead a normal life.
WHEREFORE, the Plaintiff, AMANDA JOHNSON, sues the Defendant, TREASURE

COAST, for damages and seeks a sum in excess of Fifteen Thousand Dollars ($15,000.00),

exclusive of interest and costs and demands a trial by jury.

COUNT II- RESPONDEAT SUPERIOR/VICARIOUS

LIABILITY AGAINST TREASURE COAST

Plaintiff, AMANDA JOHNSON re-alleges and adopts the forgoing paragraphs 1 through
14 herein above, and further alleges:
24. ALTSCHULER was at all material times hereto an employee and/or agent of the
Defendant, TREASURE COAST.

25. The acts described above occurred on the premises of land operated and/or controlled by
Defendant, TREASURE COAST (or at a place authorized by TREASURE COAST),
occurred during working hours, and occurred in the course and scope of the performance
of ALTSCHULER’S duties.

26. The wrongful acts of ALTSCHULER were committed in the actual or apparent course and
scope of his employment or agency with TREASURE COAST.

27. ALTSCHULER acted with willful or reckless disregard for Plaintiff’s welfare.
28. As a result of ALTSCHULER ’s conduct, Plaintiff suffered severe and permanent
psychological, emotional and physical injuries, shame, humiliation and the inability to lead
a normal life.

29. Under the doctrine of respondeat superior, TREASURE COAST is responsible for the
negligent, reckless and intentional actions of its servant, ALTSCHULER, committed in the
actual or apparent scope of his duties.

WHEREFORE, the Plaintiff, AMANDA JOHNSON, sues the Defendant, TREASURE

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COAST, for damages and seeks a sum in excess of Fifteen Thousand Dollars ($15,000.00),

exclusive of interest and costs and demands a trial by jury.

COUNT III - (BATTERY AGAINST SCOTT ALTSCHULER)

Plaintiff, AMANDA JOHNSON re-alleges and adopts the forgoing paragraphs 1 through
14 herein above, and further alleges:

30. The conduct and actions of ALTSCHULER including the sexual assaults and batteries of
Plaintiff constitute an intentional and offensive touching of Plaintiff, to which she did not
consent.

31. The conduct and actions of ALTSCHULER including the sexual assault and battery of
Plaintiff were not justifiable.

32. The intentional, nonconsensual touching and groping of Plaintiff by ALTSCHULER was
highly offensive to Plaintiff’s reasonable sense of dignity.

33. As a direct and proximate result of ALTSCHULER ’s conduct and actions, Plaintiff was
physically, mentally, and emotionally injured, suffered great indignity and offense,
suffered pain of mind and body, suffered mental and emotional distress, lost wages and has
incurred other substantial related costs.
WHEREFORE, the Plaintiff, AMANDA JOHNSON, sues the Defendant, TREASURE

COAST, for damages and seeks a sum in excess of Fifteen Thousand Dollars ($15,000.00),

exclusive of interest and costs and demands a trial by jury.

COUNT IV - (INTENTIONAL INFLICTION OF EMOTIONAL

DISTRESS AGAINST SCOTT ALTSCHULER)

Plaintiff, AMANDA JOHNSON re-alleges and adopts the forgoing paragraphs 1 through

14 herein above, and further alleges:

34. ALTSCHULER ’s conduct in sexually assaulting and battering Plaintiff was intentional
and in deliberate disregard for the high degree of probability that Plaintiff would suffer
emotional distress as a result.

35. ALTSCHULER ’s conduct in sexually assaulting and battering Plaintiff was extreme and
outrageous.

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36. ALTSCHULER ’s conduct and actions were the direct and proximate cause of severe
emotional distress to Plaintiff.

37. As a direct and proximate result of ALTSCHULER ’s extreme, outrageous, and intentional
conduct, Plaintiff was, and remains, severely physically, mentally, and emotionally injured,
suffered and continue to suffer great pain of mind and body, suffered and continues to
suffer mental and emotional distress, lost wages and has incurred other substantial related
costs.
WHEREFORE, the Plaintiff, AMANDA JOHNSON, sues the Defendant, SCOTT

ALTSCHULER, for damages and seeks a sum in excess of Fifteen Thousand Dollars ($15,000.00),

exclusive of interest and costs and demands a trial by jury.

COUNT V - (PREMISES LIABILITY AGAINST TREASURE COAST)

Plaintiff, AMANDA JOHNSON re-alleges and adopts the forgoing paragraphs 1 through

14 herein above, and further alleges:

38. At all times relevant hereto Defendant TREASURE COAST had a duty to its patients and
employees, including Plaintiff, to provide a safe premise, free of the risk of harm and/or
injury by the Defendant’s employees and/or agents. Future sexual assaults and batteries of
the sort suffered by Plaintiffs were entirely preventable had the Defendant timely,
adequately, and appropriately prevented ALTSCHULER ’s continuing unfettered access
to Plaintiff.

39. In breach of its duty to Plaintiff, Defendant TREASURE COAST negligently failed to
provide safe premises, free of the risk of harm and/or injury by the Defendant’s employees
and/or agents, including ALTSCHULER.

40. As a direct and proximate result of Defendant TREASURE COAST’s negligence in failing
to maintain a safe premise and to otherwise protect Plaintiff from harm, Plaintiff was
sexually assaulted and battered on TREASURE COAST’s premises.

41. As a direct and proximate result of ALTSCHULER ’s conduct and actions, Plaintiff was
physically, mentally, and emotionally injured, suffered great indignity and offense,
suffered pain of mind and body, suffered mental and emotional distress, lost wages and has
incurred other substantial related costs.
WHEREFORE, the Plaintiff, AMANDA JOHNSON, sues the Defendant, TREASURE

COAST, for damages and seeks a sum in excess of Fifteen Thousand Dollars ($15,000.00),

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exclusive of interest and costs and demands a trial by jury.

DATED this 16th day of December 2019.

/s/ Gregorio A. Francis

GREGORIO A. FRANCIS, ESQ.
Florida Bar No.: 0008478
/s/ Ryan A. Fletcher
RYAN A. FLETCHER, ESQ.
Florida Bar No.: 106353
Osborne & Francis, PLLC
805 S. Kirkman Rd., Suite 205
Orlando, FL 32811
Attorneys for Plaintiff
Telephone: (407) 655-3333
Facsimile: (407) 955-4865
Primary: gfrancis@realtoughlawyers.com
Secondary:rfletcher@realtoughlawyers.com
gowens@realtoughlawyers.com

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