Brown v. USA Taekwondo
California Court of Appeal
40 Cal. App. 5th 1077 (2019)
- Written by Liz Nakamura, JD
Facts
Yazmin Brown, Brianna Bordon, and Kendra Gatt (collectively, the athletes) (plaintiffs), all of whom were minors, were taekwondo athletes coached by Marc Gitelman (defendant). Gitelman was certified by, and under the direct control of, USA Taekwondo (USAT), taekwondo’s governing body in the United States. Because taekwondo was an Olympic sport, USAT was certified by the United States Olympic Committee (USOC). USOC mandated that USAT implement USOC’s Safe Sport program, which was a training program designed to prevent child abuse. Gitelman sexually abused the athletes during USAT competitions. Gitelman was ultimately convicted on felony sexual-abuse charges and was permanently barred by USAT from acting as a coach. The athletes filed a negligence action against Gitelman, USAT, and USOC, arguing that USAT and USOC had a duty to control Gitelman and a duty to protect the athletes from Gitelman’s abuse. The trial court dismissed the athletes’ action against both USAT and USOC. The athletes appealed.
Rule of Law
Issue
Holding and Reasoning (Feuer, J.)
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