Date: 10-31-2014

Case Style: Dawn Kongvongsay v. Massage Envy Holding Corporation

Case Number: CJ-2013-258

Judge: Tom A. Lucas

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Cameron Spradling

Defendant's Attorney: Brad Robertson for Massage Envy Franchising, LLC

Don Babb and Shannon Bickham for Steve Long and MESOKC, LLC

C. Austin Birnie Bob James, Crystal Johnson for Jessica Wilkinson

John Cloar for Justine Truesdale

Description: COMES NOW Plaintiff, Dawn Kongvongsay (“Dawn”), by and through her attorney of record, Cameron Spradling, Attorney & Counselor at Law, and for her Original Petition, states as follows:
1. On February 17, 2011, after months of grooming, Justin Truesdale gained access, authority, and control over Dawn for sexual purposes at the Massage Envy location in Cleveland County, Oklahoma. Justin Truesdale repeatedly victimized Dawn until June 23, 2012.
2. Dawn’s relationship with Massage Envy arose from contract. In addition to a contract breach, there are other acts and/or omissions that resulted in the wrongs committed against her. All the Defendants committed these acts and/or omissions individually, and in concert with each other, resulting in Dawn’s injuries and damages.
3. Defendants are liable to Dawn for, but not limited to, the following: breach of contract, breach of fiduciary duty, violations of their duties of good faith and fair dealing, negligence, fraud, constructive fraud, and civil conspiracy.
4. Based upon these acts andlor omissions, Defendants are liable to Dawn for actual damages.
5. Based upon these acts and/or omissions, Defendants are liable to Dawn for punitive damages.
6. Pursuant to 12 0.5. § 19, attached hereto as Exhibit “A” is the requisite affidavit for that portion of the claim sounding in professional negligence.
WHEREFORE, premises considered, Dawn Kongvongsay, prays for judgment against all Defendants, jointly and severally, for actual and punitive damages, all in an amount in excess of $10,000.00, plus attorney’s fees, pre-judgment and post-judgment interest, cost, and any and all relief as allowed by law, all of which are in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code.

Outcome: Dismissed with prejudice as to Kimberly Ward only.

Plaintiff's Experts:

Defendant's Experts:

Comments: