Case details
Taekwondo teacher sexually assaulted three students: suit
SUMMARY
$60000000
Amount
Decision-Plaintiff
Result type
Not present
Ruling
KEYWORDS
mental, psychological, sexual assault
FACTS
Beginning in 2007, plaintiff Brianna Bordon, 15, a student, studied taekwondo under Marc Gitelman. After about two to three years, Borden left, and Gitelman began teaching plaintiff Kendra Gatt, 15, a student. When Gatt moved on, plaintiff Yasmin Brown, 15, a student, became Gitelman’s taekwondo student until 2014. While Gitelman’s practice was based in Nevada, the Olympic-caliber coach took the potentially Olympic-bound athletes to tournaments in different states, including California, Arizona and Florida. However, Bordon, Gatt and Brown each claimed that Gitelman sexually assault them numerous times over the course of two to three years, while they were between the ages of 15 and 17. Gitelman was ultimately arrested and is serving a four-year, four-month prison sentence for sexually assaulting the taekwondo students. Bordon, Gatt and Brown sued Gitelman and national groups believed to be the parent organizations of Gitelman’s practice, the United States Olympic Committee and USA Taekwondo. Bordon, Gatt and Brown alleged that Gitelman’s actions constituted sexual assault, which had irreparable effects on their lives. They also alleged that the United States Olympic Committee and USA Taekwondo knew Gitelman had sexually abused athletes in the past, but didn’t have any policies or procedures in place to protect athletes from it. They further alleged that after Brown had reported the abuse, a panel had voted 3-0 to suspend Gitelman, but Gitelman was not removed as a coach until he was criminally convicted. In late 2016, a judge dismissed the United States Olympic Committee and USA Taekwondo as defendants under California law, ruling that the organizations had no obligation to protect athletes from sexual abuse. California Unified Taekwondo Association, Latin American International TaekwondoFederation Ltd. (doing business as Global-American International Taekwondo Federation Inc.), NV Taekwondo Training and Fitness Center, Malia Arrington, and Krystal Graham were also named as defendants, but, ultimately, they were all voluntarily dismissed from the case. Thus, the matter continued against Gitelman only. Gitelman, acting pro se, attempted to file an answer to the civil suit, claiming that Bordon, Gatt and Brown consented to the sexual activity and that the girls were at or above the age of consent in some states, which was 16 years old. In response, plaintiffs’ counsel contended that Bordon, Gatt and Brown were between the ages of 15 and 17 during the time the assaults took place and that Gitelman took the girls to tournaments in different states, including California, where the age of consent is 18 years old. Thus, a judge determined that Gitelman’s response was an inadequate answer to the suit., Bordon, Gatt and Brown claimed that they were sexually assaulted when they were ages of 15 to 17. Although they were not physically injured, they each alleged that the assaults had irreparable effects on their lives. As a result, all three plaintiffs have been going to weekly therapy sessions since they reported the assaults. The plaintiffs’ psychiatric expert specializing in sexual abuse submitted a report opining that each plaintiff experienced extensive psychological trauma. The expert also detailed the effects of sexual assault on a young person and opined that Bordon, Gatt and Brown each suffer from post-traumatic stress disorder, anxiety, and stress. In addition, the expert opined that the girls now have issues interacting with people, including their respective families, and that their emotional problems will manifest physically later in life. The plaintiffs’ expert explained that people who have experienced trauma at an early age have higher rates of cancer and heart disease, among other maladies. Thus, Bordon, Gatt and Brown each sought recovery of damages for their past and future pain and suffering.
COURT
Superior Court of Los Angeles County, Long Beach, CA
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INJURIES:
- anxiety
- brain
- brain damage
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- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
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- loss of
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- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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