Ex-fire chief sues Destin massage parlor

Ex-fire chief sues Destin massage parlor

 

Gulf Breeze resident Stephen Demeter on Monday filed a lawsuit against a Destin massage parlor that was at the center of a 2008 incident that contributed to his termination as chief of the Midway Fire District.

As first reported March 12 on gulfbreezenews. com, Demeter's attorney, Gene Mitchell of Pensacola, filed a civil complaint, which represents one side of a legal argument, against employee Jennifer Edwards and owner Vicki Edge of Edge of Paradise Day Spa in Destin. Demeter is seeking a minimum $15,000 citing false imprisonment and wrongful detention, malicious prosecution, defamation and negligence.

Demeter visited the spa on June 21, 2008 to get a massage. According to the police report, the masseuse, Edwards, accused Demeter of committing a lewd personal sex act during their session.

Demeter, who registered at the spa under a fictitious identity, told Okaloosa County Sheriff's investigators at the scene that the masseuse mistook his attempt to scratch an itch as a sexual act. Demeter was arrested on an allegation of indecent exposure - a first-degree misdemeanor - and released on bond.

The State Attorney's Office investigated the incident and did not bring formal charges against Demeter, citing insufficient evidence to prove the allegation beyond doubt.

Mitchell entered a written not-guilty plea on Demeter's behalf on July 22 during the Chief's scheduled arraignment hearing.

Demeter vehemently denied the allegation.

"I have always claimed that I was falsely accused of inappropriate conduct and feel some sense of vindication with the State's election not to file any charges against me," Demeter said last July.

The highly publicized incident apparently played a role in his ouster as fire chief. The lawsuit claims that Demeter's personal and professional reputation was damaged, and he since has been unable to find similar work in his field of expertise.

Demeter became chief at Midway Fire District in June 2004. He received severance pay of $73,000, equal to one year's salary. Demeter also was paid during a period of self-imposed and subsequent Midway Fire Commissionimposed administrative leave immediately after the alleged incident.

TEXT OF LAWSUIT

In the Circuit Court in and for Okaloosa County, Florida

Stephen Demeter, Plaintiff,

vs. Jennifer Lauren Edwards and Vicki Edge, and Edge of Paradise Day Spa, Inc., Defendants

 

Amended complaint

Plaintiff, Stephen Demeter, through the undersigned attorneys, files this amended complaint against Defendants, Jennifer Lauren Edwards, Vicki Edge, and Edge of Paradise Day Spa, Inc. and alleges the following:

1. This is an action for damages in excess of $15,000.
2. Venue is proper in Okaloosa County, as this is where the cause of action arose.
3. Plaintiff is an adult resident of Santa Rosa County.
4. Defendant Vicki Edge (“Edge”) is and was, at all times relevant to this complaint, an adult resident of Okaloosa County, Florida. Edge is licensed by the State of Florida as a massage therapist and was and is engaged in the business of rendering professional services such as massages and other therapeutic treatments and modalities.
5. Defendant Edge of Paradise Day Spa, Inc. (“Edge of Paradise”) is and was, at all times relevant to this complaint, a Florida corporation with its principal place of business in Okaloosa County, Florida. Edge of Paradise was and is a day spa and is engaged in the business of rendering professional services such as massages and other therapeutic treatments and modalities.
6. There is such a unity of interest and purpose between Edge and Edge of Paradise that they have no practical separate existence and a manifest injustice will result to Plaintiff if the Edge of Paradise alone is held responsible for what are, in essence, the actions of Edge. Edge is, therefore, personally liable to Plaintiff for the actions committed by the employees of Edge of Paradise.
7. Defendant Jennifer Lauren Edwards (“Edwards”) is and was, at all times relevant to this complaint, an adult resident of Okaloosa County, Florida. Edwards is licensed by the State of Florida as a massage therapist.
8. On June 21, 2008, Edwards was employed by Edge and Edge of Paradise as a massage therapist and, at all times relevant to this complaint, was acting within the course and scope of that employment. Accordingly, Edge and Edge of Paradise are liable, under the doctrine of respondent superior, for the actions of Edwards as described herein.
9. The employment and supervision of massage therapists such as Edwards was an essential and integral part of Edge’s and Edge of Paradise’s business activities and was the manner in which Edge and Edge of Paradise rendered professional services, such as massages and other therapeutic treatments and modalities, to clients such as Plaintiff.
10. On June 21, 2008, Plaintiff visited the premises of Edge and Edge of Paradise, located at 1021 B, Highway 98 East, Destin, Florida, for purposes of receiving professional services from Edge and Edge of Paradise, specifically, a massage by a licensed massage therapist.
11. As part of the rendering of the professional services sought by Plaintiff, Edge and Edge of Paradise selected Edwards to provide Plaintiff with a massage.
12. Edwards, in the course and scope of her employment by Edge and Edge of Paradise and in the course of the rendering of professional services by Edge and Edge of Paradise, instructed Plaintiff to disrobe and lie on a massage table, which he did, lying face down. A sheet was placed over Plaintiff so as to cover his buttocks and genitalia, and Edwards proceeded to administer the massage to Plaintiff’s back.
13. Upon completion of the massage of Plaintiff’s back, Edwards instructed Plaintiff to roll over, which Plaintiff did, repositioning the sheet so as to keep his genitalia covered.
14. As Plaintiff was turning over and repositioning the sheet, Edwards accused Plaintiff of exposing his genitalia, touching it in an obscene and offensive manner and engaging in other inappropriate conduct. She became hysterical and left the room, all the while shouting out within the hearing of others on the premises that Plaintiff was a pervert and asking someone to call law enforcement.
15. Plaintiff denied Edwards’ allegation and attempted to leave the premises.

 

COUNT I

(False Imprisonment and Wrongful Detention)

 

16. Plaintiff realleges paragraphs 1 through 15.
17. As Plaintiff attempted to leave the premises of Edge and Edge of Paradise, Edwards and another employee of Edge and Edge of Paradise blocked the door and detained Plaintiff inside the building.
18. As employees of Edge and Edge of Paradise, Edwards and the other employee owed a duty to patrons of the spa, such as Plaintiff, to not restrain or detain patrons of the spa, except when permitted by law to do so.
19. Edwards and the other employee of Edge and Edge of Paradise breached that duty by failing to ascertain the validity of Edwards’ accusations and by wrongfully restraining and detaining Plaintiff.
20. Edwards and the other employee did not have the legal right to restrain or detain Plaintiff and did so through the use of force, threats of force and intimidation, severely limiting his free movement and preventing him from leaving the premises.
21. As a direct and proximate result of the false imprisonment and wrongful detention of Plaintiff by employees of Edge and Edge of Paradise, Plaintiff has been damaged.

 

COUNT II

(Malicious Prosecution)

 

22. Plaintiff realleges paragraphs 1 through 15.
23. The other employee of Edge of Paradise telephoned law enforcement and deputies from the Okaloosa County Sheriff’s Office soon thereafter arrived at the premises.
24. Edwards and the other employee made false statements to the deputies, stating that Plaintiff had exposed his genitalia, touched it in an obscene and offensive manner and had engaged in other inappropriate conduct during the course of the massage.
25. As a result of Edwards’ and the other employees’ false statements to the deputies, Plaintiff was arrested, taken into custody and was required to post bond to secure his release.
26. Following an investigation into the charges alleged by Edwards, the State Attorney’s office determined that they were unfounded and declined to file charges or prosecute Plaintiff for any offense.
27. Edwards and the other employee, as employees of Edge and Edge of Paradise, owned a duty to patrons of the spa, such as Plaintiff, to not make false statements regarding patrons’ behavior to law enforcement in the course of providing professional services.
28. Edwards and the other employees breached that duty by making false statements to the deputies regarding Plaintiff’s behavior at the spa.
29. As a direct and proximate result of the false statements made by Edwards and the subsequent arrest, Plaintiff has been damaged.

 

COUNT III

(Defamation)

 

30. Plaintiff realleges paragraphs 1 through 15, and 24.
31. The statements made by Edwards and the other employee, as alleged in paragraph 24, were false and Edwards and the other employee knew, or reasonably should have known, that they were false, but negligently failed to determine if they were true or false.
32. The true facts were that Plaintiff did not expose his genitalia, did not touch himself in an obscene or offensive manner and did not engage in inappropriate conduct during the course of the massage.
33. The false statements made by Edwards and the other employee to the deputies were reported to various news organizations throughout Northwest Florida and the substance of those allegations and Plaintiff’s subsequent arrest were prominently published in several newspapers and on the Internet.
34. Edwards and the other employee knew or should have known that making false statements to the deputies would result in Plaintiff being arrested and in the arrest, and the allegations underlying the arrest, would be published in newspapers and on the Internet.
35. The false statements made by Edwards and the other employee, in effect accusing Plaintiff of serious sexual impropriety and criminal activity, were injurious to his personal and professional reputation, held him up to ridicule and derision in the community, and were defamatory, per se.
36. As a direct and proximate result of the false statements made by Edwards and the other employee, and his subsequent arrest, plaintiff was terminated from his position as Fire Chief of Midway Fire District, and has further been unable, because of the false statements made by Edwards and the other employee, and his subsequent arrest, to obtain similar employment in his profession.

 

COUNT IV

(Negligence)

 

37. Plaintiff adopts and incorporates the allegations set out in paragraphs 1-15 and 24.
38. Edge and Edge of Paradise knew or reasonably should have known that Edwards had, on previous occasions, made allegations against other of her massage clients similar to those set forth in paragraph 24, which later were found to be unfounded or otherwise unsubstantiated. At least one such prior allegation was made while Edwards was an employee (of) Edge and Edge of Paradise.
39. As part of their providing of professional services to patrons of the spa such as Plaintiff, Edge and Edge of Paradise owed a duty to those patrons to exercise due care in the hiring, retention and supervision of employees such as Edwards and the other employee. All decisions with respect to the hiring, retention and supervision of employees such as Edwards and the other employee were made personally by Edge as part of her business providing professional services to patrons such as Plaintiff.
40. Edge and Edge of Paradise breached their duty to Plaintiff to exercise due care in the hiring, retention and supervision of Edwards, in that they:

 

1. failed to conduct a reasonable investigation into Edwards’ background and qualifications, which should have disclosed the prior incidents where Edwards had made unfounded allegations against clients similar to those made against the Plaintiff, and her propensity to make such allegations, and which would have disclosed Edwards’ overall unsuitability as a provider of massage services to male patrons;
2. failed to instruct, discipline or take other corrective or remedial measures when Edwards made unfounded allegations against a client of Edge and Edge of Paradise, similar to those made against Plaintiff, so as to prevent Edwards from making similar allegations again; and,
3. failed to properly train Edwards in that it failed to instruct her on proper methods of draping male patrons and recognizing the difference between normal actions by patrons and inappropriate activity.
4. Failed to properly train Edwards and the other employee in the proper procedures for detaining a patron and under what circumstances a patron of the spa could lawfully be detained or restrained.

 

41. Edge and Edge of Paradise knew or should have known that hiring and retaining Edwards as an employee, without appropriate investigation, training and supervision would lead to an incident such as the which forms the basis of this action.
42. As a direct and proximate result of Edge’s and Edge of Paradise’s breach of their duty to Plaintiff to properly investigate, hire, train and supervise Edwards and the other employee, plaintiff has been damaged.

 

Wherefore, Plaintiff Steven Demeter prays for judgment in his favor and against defendants, for damages according to proof, for costs of suit and for such other and further relief as the court deems proper.

 

DEMAND FOR JURY TRIAL

 

Defendant Steven Demeter demands trial by jury as to all issues so triable.

 

CERTIFICATE OF SERVICE

 

I hereby certify that a true and correct copy of the foregoing was provided to Vickie Edge and Edge of Paradise Day Spa, Inc., 1021 B Highway 98 East, Destin, Florida, 32541, and Jennifer Lauren Edwards, 15 Hidden Harbor Lane, Miramar Beach, Florida, 32550, by United States Mail, this 9^th day of March, 2009.

 

(Signed) Gene Mitchell

 

Bruce C. Fehr, Fla. Bar No. 042757

Gene Mitchell, Fla. Bar No. 12548

Charles S. Liberis, Fla. Bar No. 104937

Liberis and Associates, P.A.

40 South Palafox Street, Suite 500

Pensacola, Florida 32502

(850) 438-9647