Confidential vs. Rainforest Massage and Spa, LLC , et al

Case Background

On May 1, 2023, Plaintiff Confidential filed a Negligence lawsuit in the Missouri State Court (Case number: 1:19cv604). The case stemmed from an incident at Rainforest Massage and Spa, operating as Fusion Spa, where a client alleged inappropriate touching during a massage.

Cause

The lawsuit stemmed from an incident that took place at Rainforest Massage and Spa, operating as Fusion Spa, where a client was allegedly inappropriately touched during a massage. The plaintiff, who remains unnamed in the case, purchased a massage at the spa on December 22, 2022. Gui Jiang, a massage therapist employed at the spa, was assigned to perform the massage. It was later revealed that Jiang did not possess a valid massage license. During the massage, Jiang reportedly engaged in inappropriate and offensive touching toward the plaintiff, causing emotional distress. This case highlights the actions of the unlicensed masseuse and the spa’s failure to prevent such conduct.

Injuries

The plaintiff suffered significant emotional and mental trauma due to the inappropriate behavior and violation of personal boundaries during the massage. The emotional injury was exacerbated by the spa’s failure to ensure their employees, specifically Jiang, were licensed and trained to perform massages. The lack of action by the spa’s owner, Kemin Geng, to address prior complaints regarding Jiang’s conduct further contributed to the plaintiff’s emotional distress.

Damages

The damages claimed included compensation for mental anguish, emotional trauma, and therapy costs. Spa negligence, in this case, played a significant role in the plaintiff’s suffering.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Confidential
    • Counsel for Plaintiff: Wes Shumate | Kevin Buchanan
  • Defendant(s): Rainforest Massage and Spa, LLC d/b/a Fusion Spa | Kemin Geng | Gui Jiang
    • Counsel for Defendants: N/A

Claims

The plaintiff alleged that Rainforest Massage and Spa, operating as Fusion Spa, was negligent in failing to ensure its employees were properly licensed and qualified. Additionally, the plaintiff claimed that the spa’s owner, Kemin Geng, was aware of previous complaints about Jiang’s inappropriate touching but did nothing to prevent the incident. This lawsuit included claims for negligence, emotional distress, and battery, seeking compensation for the trauma caused by the unlicensed masseuse.

Defense

The defense argued that Rainforest Massage and Spa, operating as Fusion Spa, had adhered to all applicable regulations regarding licensing and employee qualifications at the time of the incident. They maintained that Gui Jiang, despite the allegations, had been hired in good faith. The spa had employed Jiang under the assumption that he was licensed. They claimed there had been no prior knowledge of any complaints about his behavior. The defense contended that the spa’s owner, Kemin Geng, had not directly been involved in the specific actions of the massage therapist during the incident. Furthermore, they claimed the plaintiff’s emotional distress was not a direct result of the massage. Instead, they argued that it stemmed from the plaintiff’s own perceptions and reactions. The defense asserted that no intent to harm or cause injury had been present in Jiang’s actions. They maintained that the incident was a misunderstanding.

Settlement

Rainforest Massage and Spa, operating as Fusion Spa, agreed to pay a $2 million settlement to resolve the lawsuit involving an unlicensed masseuse’s inappropriate touching of a client.

Court Documents:

Documents Available for Purchase upon Request