Brown v. USA TaekwondoAnnotate this Case
In this negligence action, the Supreme Court affirmed the judgment of the court of appeal affirming the trial court's decision to dismiss one of several named defendants, the United States Olympic Committee (USOC), for failure to adequately allege a special relationship giving rise to an affirmative duty to protect, holding that the court of appeals did not err.
Plaintiffs, former athletes who trained in the Olympic sport of taekwondo, filed this suit against their former coach, Marc Gitelman, and several others, alleging, among other things, that USOC and USA Taekwondo (USAT) were negligent in failing to protect them from Gitelman's sexual abuse. USOC and USAT both demurred to the complaint, contending that Plaintiffs had not adequately alleged that they had an affirmative duty to take action to protect Plaintiffs from Gitelman's abuse. The trial court sustained the demurrers and entered judgments of dismissal. The court of appeal reversed as to USAT but affirmed as to USOC. The Supreme Court affirmed, holding that the court of appeal did not err by declining to apply the factors set out in Rowland v. Christian, 69 Cal. 2d 108 (1968), as an alternative source of duty.