 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Doe v. City and County of Honolulu3/15/2000
ad touch her breasts: she found Dr. John Doe's examination intrusive, inappropriate and humiliating.
27. During [Jane]'s visit, her personal physician performed a blood test to determine if [Jane] did, in fact, have an enlarged liver. The result of the test was negative.
28. Following the visit to her personal physician [Jane] called the nurse who assisted Dr. John Doe, to question why, after informing them of a recent breast examination, did Dr. John Doe fondle her breasts and tug at her ribs. The nurse replied that she did not know what was in Dr. John Doe's head or why he does what he does.
29. [Jane] was so distressed by Dr. John Doe's unwarranted fondling of her breasts, she told her spouse, a fellow HPD police officers , but did not file a complaint at the time believing that perhaps Dr. John Doe had the authority to touch her breast and for fear of be seen as a "whining wahine" who could not "take it."
30. For the past two years, the memory of Dr. John Doe's examination has haunted [Jane]: the recollections are still clear and produce the same emotions, the anger, as if it happened just yesterday.
IV. STATEMENT OF CLAIMS
COUNT I - SEXUAL ASSAULT AND BATTERY
32. Dr. John Doe's unlawful and tortious conduct as described above toward [Jane] included unsolicited and unwarranted physical touching which constitutes unauthorized, harmful and/or offensive contact.
33. Said action as aforesaid was and is extreme and outrageous and was done with malice and intent to cause, or the knowledge that said touching would cause physical and/or emotional injuries upon her person.
COUNT II - SEXUAL HARASSMENT
35. Aforesaid acts and/or conduct constitute sexual harassment.
COUNT III - INVASION OF PRIVACY
38. By engaging in the acts and conduct described herein, DEFENDANTS wrongfully, intentionally and tortiously invaded the privacy of [Jane] in such a manner as would outrage or cause mental suffering, shame or humiliation to a person of ordinary sensibility.
COUNT IV - FALSE IMPRISONMENT
41. By engaging in the acts and conducts described above and particularly by confining and retraining [Jane] for a significant period during her physical examination while he fondled her breasts, Dr. John Doe wrongfully, intentionally, and tortiously imprisoned [Jane] against her will.
COUNT V - VIOLATION OF PUBLIC POLICY
43. DEFENDANTS' conduct described above violates a number of public policies, including but not limited to the following:
a. Article I, Section 6 of the Constitution of the State of Hawaii [Hawaii], [right to privacy] . . .
b. Article , section of the Constitution of the State of Hawaii [Hawaii], [equality of rights] . . .
c. The Revised Charter of the City and County of Honolulu, 1973 (1984 edition), Article XI, Standards of Conduct, . . . .
COUNT VI - NEGLIGENT HIRING/RETENTION
47. Based on the acts described above, DEFENDANTS are also liable to [Jane] for negligence for failing to, inter alia,
a. Properly train, hire, supervise and/or discharge its employees, including but not limited to physicians; and
b. And/or were otherwise negligent.
COUNT VII - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
50. By their actions as described above, DEFENDANTS negligently inflicted emotional distress on [Jane].
COUNT VIII - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
53. DEFENDANTS' treatment of [Jane], as aforesaid, constitutes extreme and outrageous
Page 1 2 3 4 5 6 7 8 9 10 11 12 Hawaii Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|