MIAMI – A federal lawsuit claims popular gym chain LA Fitness was negligent in preventing the sexual assault of a Florida couple’s teenage daughter.
The complaint, filed May 28 in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, names defendant Fitness International LLC, better known as LA Fitness.
The plaintiffs are Sean Brophy and Yanira Pohlman, parents of the victim, who is referred to as K.B. in the 10-page complaint because she is a minor and the lawsuit involves sensitive facts.
The civil lawsuit comes nearly two years after the sexual assault and battery of K.B., who was 14 years old at the time, at the LA Fitness located on SW 8th Street in Miami.
Attorneys for the victim’s family allege K.B. was left with “severe and lasting psychological trauma” after being sexually assaulted by a fellow gym member, Richard Bosch.
The lawsuit – which notes Bosch was found guilty of felony battery – seeks damages exceeding $5 million for the company’s negligence in failing to ensure the teenager was protected at its facility.
“This case is a clear and disturbing example of negligence,” Evan Robinson, attorney for Miami-based Leesfield & Partners PA, said in a statement.
“LA Fitness knew Richard Bosch was a dangerous individual with a documented history of violent behavior toward other gym members, yet they failed to take any meaningful action to protect our client’s 14-year-old daughter. Their repeated inaction created the conditions for this assault to occur, leaving a young girl deeply traumatized.
“We are pursuing justice to hold these Defendants accountable and to help ensure that future gym-goers are not put in harm’s way by this kind of blatant disregard for safety.”
At the time of the assault – May 30, 2023 – Bosch was 22 years old.
According to the complaint, Bosch was known for his prior “erratic behavior” at the gym and “stalked” K.B. as she was exercising that day.
Bosch approached K.B. “several times” to ask if she was a virgin and whether she had “ever been with an older man,” among other “inappropriate and sexually charged questions.”
“He ultimately cornered her and groped her genital area and buttocks in multiple locations throughout the gym, including the isolated boxing room that lacked a functioning security camera,” the complaint states.
“K.B. has since suffered severe and lasting psychological trauma, requiring extensive psychiatric treatment.”
According to the lawsuit, that trauma includes post-traumatic stress disorder, night terrors, flashbacks, “persistent feelings of helplessness,” and “emotional anguish that has manifested in discernable physical injuries,” including but not limited to muscular impairment, tremors, spasms, body aches, migraine headaches, stomach pain, sleep disturbance, appetite disturbance, and depression.
The lawsuit also notes the cost of past and future medical and health care expenses and the teenager’s loss of future income due to the trauma.
According to the complaint, LA Fitness failed to revoke Bosch’s membership or restrict his access to the gym in any way, despite knowing of his prior aggressive conduct and “dangerous propensities” toward other gym members.
“Making matters worse, Defendant LA Fitness’s own employees, agents, and/or representatives did nothing to prevent this traumatic incident from occurring despite observing Defendant Bosch attempting to prey on K.B. before he ultimately assaulted her in the subject gym’s isolated boxing room,” the complaint states.
