Freifeld v. Leisure Sports Inc., et al., Washington County Case No. 18CV12178 (April 1, 2019)
Apr 09, 2019OUTCOME: Succeeded in winning many motions, including a motion to amend to allege $1 million in punitive damages, in order to achieve a resolution.
- Won a motion to allow allegations of $1 million in punitive damages against SMG Properties Oregon LLC, doing business as ClubSport Oregon ("ClubSport Oregon") and its managing company, Leisure Sports ... , Inc. To win her Motion to add allegations of punitive damages, Kristin had to show that there was evidence that ClubSport Oregon and Leisure Sports acted with malice or have "shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others.” Oregon Revised Statute 31.730. - Won a motion to amend to allege additional claims against ClubSport Oregon and Leisure Sports, including claims for negligence per se, negligent training and supervision, and negligent infliction of emotional distress. To win this Motion, Kristin had to show that there was evidence to support these claims. Kristin was allowed leave to file a Second Amended Complaint to add these claims, as well as her claims for punitive damages. (Freifeld v. Leisure Sports Inc., et al., Washington County Case No. 18CV12178 (April 1, 2019). - Won a motion to compel documentation concerning the Oregon Board of Massage Therapists' investigation into the assault on her client. This documentation was being withheld by the defendant massage therapist, who argued that it was confidential and not subject to discovery. Freifeld v. Leisure Sports, Inc., et al., Washington County Case No. 18CV12178 (November 9, 2018). - Successfully defeated a motion to strike allegations in the lawsuit regarding a previous sexual assault victim at the same ClubSport Oregon location. Freifeld v. Leisure Sports, Inc., et al., Washington County Case No. 18CV12178 (September 10, 2018).
