On Jan. 31, 2020, the plaintiff, a 5-year-old girl, was sexually molested by a 13-year-old boy. The incident occurred at a fitness club that was located at 4070 Airport Center Drive, in the city of Palm Springs. The girl’s mother, acting on her daughter’s behalf, sued the fitness club’s operator, Fitness Alliance LLC. The lawsuit alleged that the fitness club’s staff was negligent in its supervision of the minors. The molestation occurred in the fitness club’s day care facility, while the girl’s mother was exercising in the fitness club. The day care facility comprised two rooms: one for older children and one for younger children. Plaintiff’s counsel claimed that a single attendant was supervising both rooms, though the fitness club’s policy required multiple attendants. Plaintiff’s counsel noted that the molestation, which was recorded on surveillance video, lasted more than an hour. The attendant never checked the room in which the molestation occurred. Defense counsel contended that the 13-year-old boy was entirely liable for the molestation., The minor plaintiff was sexually assaulted for a period that lasted longer than an hour. She was groped, she was touched over and beneath her clothing, and she was forced to touch the boy’s genitalia. She later developed post-traumatic stress disorder, with manifestations that included angry outbursts and episodes of defiance. Plaintiff’s counsel presented medical experts who opined that the minor plaintiff would have difficulty with relationships, difficulty in the workplace and difficulty with her sexuality. The minor plaintiff’s mother sought recovery of damages for the minor plaintiff’s past and future pain and suffering. The defense’s expert psychiatrist opined that the minor plaintiff suffered an adjustment disorder, but that it has completely resolved. The expert also opined that the minor plaintiff does not require further treatment.