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STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
LG 38 DOE
Plaintiff, COMPLAINT
vs.
Index No.:
DOUGLAS NAIL,
SAINTS HOCKEY CLUB, INC., and
USA HOCKEY, INC.
Defendants.
Plaintiff, above named, by his attorneys, LIPSITZ GREEN SCIME
CAMBRIA LLP, for his Complaint against Defendants, alleges:
AS AND FOR A FIRST CAUSE OF ACTION AGAINST
DEFENDANTS, ABOVE NAMED, HEREIN,
PLAINTIFF, LG 38 DOE, ALLEGES AS FOLLOWS:
1. Plaintiff, LG 38 DOE, is a resident of the State of Alaska.
2. This action is commenced pursuant to the provisions of the Child
Victims Act.
3. At the time of the incidents set forth herein, Plaintiff, LG 38 DOE,
(hereinafter referred to as "THE CHILD") was an infant having been born in 1977.
4. Upon information and belief, at all times herein mentioned,
Defendant, SAINTS HOCKEY CLUB, INC., was and still is a domestic not-forprofit corporation duly organized and existing under and by virtue of the laws of
the State of New York and maintains an office for the transaction of business
located within the County of Erie and State of New York.
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5. Upon information and belief, at all times hereinafter mentioned, the
defendant, USA HOCKEY, INC., was and still is a foreign not-for-profit corporation not
authorized to do business in the State of New York; jurisdiction over the defendant is
asserted under New York Civil Practice Law and Rules § 302.
6. Upon information and belief, Defendant, DOUGLAS NAIL (hereinafter
referred to as "THE CHILD MOLESTER") resides in the Village of Depew and State of
New York.
7. Upon information and belief, at all times herein mentioned, THE
CHILD MOLESTER was hired by the SAINTS HOCKEY CLUB, INC. and/or
USA HOCKEY, INC. and the SAINTS HOCKEY CLUB, INC. and/or USA
HOCKEY, INC. conferred upon THE CHILD MOLESTER the title "Coach."
8. Upon information and belief, at all times herein mentioned, the
CHILD MOLESTER was assigned to SAINTS HOCKEY CLUB, INC. as a coach
by Defendants, SAINTS HOCKEY CLUB, INC. and/or USA HOCKEY, INC.,
and was acting as their agent, employee and/or representative.
9. Upon information and belief, at all times herein mentioned, THE
CHILD MOLESTER was under the direction, supervision and control of
Defendants, SAINTS HOCKEY CLUB, INC. and/or USA HOCKEY, INC.
10. At times hereinafter mentioned, THE CHILD, was a player and
member of the SAINTS HOCKEY CLUB, INC.
1 1. Beginning on or about the 1St day of January 1985, and continuing
through sometime in 1992, the CHILD MOLESTER sexually assaulted and
committed battery upon THE CHILD at his home and various hockey
tournaments and events and said assault and battery constituted sexual
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offenses as defined in Article 130 of the Penal Law.
1 2. The sexual crimes by THE CHILD MOLESTER herein were
willful, malicious and intentional and resulted in injury to THE CHILD.
13. As a direct result of conduct by THE CHILD MOLESTER as
described herein, THE CHILD, has suffered, and continues to suffer great
physical and emotional pain of mind and body, shock, emotional distress,
physical manifestations of emotional distress, flashbacks, embarrassment, loss
of self-esteem, disgrace, humiliation, and loss of enjoyment of life, was
prevented and will continue to be prevented from performing daily activities and
obtaining full enjoyment of life, and has incurred and will continue to incur
expenses for medical psychological treatment, therapy and counseling.
14. This action falls within one or more of the exceptions set forth in
CPLR §1602.
15. As a result of the foregoing, THE CHILD, has sustained general and
special damages in an amount which exceeds the jurisdictional limits of all lower
courts which would otherwise have jurisdiction.
16. As a result of the foregoing, THE CHILD, claims punitive damages in
an amount which exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
AGAINST DEFENDANTS, ABOVE NAMED, HEREIN:
17. Plaintiff repeats, reiterates and re-alleges each and every allegation
contained in paragraphs "1" through "16" of this Complaint with the same force
and effect as if fully set forth herein.
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18. Upon information and belief, Defendants, SAINTS HOCKEY CLUB,
I NC. and/or USA HOCKEY, INC., trained, hired, selected and approved THE
CHILD MOLESTER as a coach for SAINTS HOCKEY CLUB, INC., placing him in a
position with authority and power over THE CHILD.
19. Defendants, SAINTS HOCKEY CLUB, INC. and/or USA
HOCKEY, INC., knew or reasonably should have known of the propensities of
THE CHILD MOLESTER to commit acts of sexual assault, battery, rape and
other sexual crimes against THE CHILD and other children.
20. Upon information and belief, prior to the incident set forth herein,
Defendants, SAINTS HOCKEY CLUB, INC. and/or USA HOCKEY, INC., were
aware and were otherwise on actual notice that a number of their coaches, were
sexually abusing and/or sexually assaulting and/or molesting and/or raping
young boys.
21. Upon information and belief, the aforesaid incidents and resultant
injury and damages to THE CHILD were caused as a result of the negligence,
carelessness and recklessness of Defendants, SAINTS HOCKEY CLUB,
I NC. and/or USA HOCKEY, INC., in the training, hiring, selecting and
assignment of THE CHILD MOLESTER.
22. The acts and/or omissions of Defendants, SAINTS HOCKEY
CLUB, INC. and/or USA HOCKEY, INC., constitute reckless disregard for the
safety of THE CHILD and other children.
23. As a result of the foregoing, THE CHILD has sustained general and
special damages in an amount which exceeds the jurisdictional limits of all lower
courts which would otherwise have jurisdiction.
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AS AND FOR A THIRD CAUSE OF ACTION AGAINST
DEFENDANTS, ABOVE NAMED, HEREIN:
24. Plaintiff repeats, reiterates and re-alleges each and every allegation
contained in paragraphs "1" through "23" of this Complaint with the same force
and effect as if fully set forth herein.
25. Upon information and belief, the aforesaid incidents and resultant
i njury to THE CHILD, were caused as a result of the negligence, carelessness
and recklessness of Defendant, SAINTS HOCKEY CLUB, INC. and/or USA
HOCKEY, INC., in structuring and organizing its youth programs so as to create
ideal circumstances for child molesters acting as a youth hockey coach to
commit sexual assaults and sexual crimes upon infant children.
26. The acts and/or omissions of Defendants, SAINTS HOCKEY
CLUB, INC. and/or USA HOCKEY, INC., constitute reckless disregard for the
safety of THE CHILD and other children.
27. As a result of the foregoing, THE CHILD has sustained general and
special damages in an amount which exceeds the jurisdictional limits of all lower
courts which would otherwise have jurisdiction.
AS AND FOR A FOURTH CAUSE OF ACTION
AGAINST DEFENDANTS, ABOVE NAMED, HEREIN:
28. Plaintiff repeats, reiterates and re-alleges each and every allegation
contained in paragraphs "1" through "27" of this Complaint with the same force
and effect as if fully set forth herein.
29. Upon information and belief, the aforesaid incidents and resultant
i njury to THE CHILD, were caused as a result of the negligence, carelessness
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and recklessness of Defendants, SAINTS HOCKEY CLUB, INC. and/or USA
HOCKEY, INC., in the retaining of THE CHILD MOLESTER.
30. The acts and/or omissions of Defendants, SAINTS HOCKEY
CLUB, INC. and/or USA HOCKEY, INC., constitute reckless disregard for the
safety of THE CHILD and other children.
31. As a result of the foregoing, THE CHILD has sustained general and
special damages in an amount which exceeds the jurisdictional limits of all lower
courts which would otherwise have jurisdiction.
AS AND FOR A FIFTH CAUSE OF ACTION AGAINST
DEFENDANTS, ABOVE NAMED, HEREIN:
32. Plaintiff repeats, reiterates and re-alleges each and every allegation
contained in paragraphs "1" through "31" of this Complaint with the same force
and effect as if fully set forth herein.
33. Upon information and belief, the aforesaid incidents and resultant
i njury to THE CHILD, were caused as a result of the negligence, carelessness
and recklessness of Defendants, SAINTS HOCKEY CLUB, INC. and/or USA
HOCKEY, INC., in supervising THE CHILD MOLESTER.
34. The acts and/or omissions of Defendants, SAINTS HOCKEY
CLUB, INC. and/or USA HOCKEY, INC., constitute reckless disregard for the
safety of THE CHILD and other children.
35. As a result of the foregoing, THE CHILD has sustained general and
special damages in an amount which exceeds the jurisdictional limits of all lower
courts which would otherwise have jurisdiction.
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AS AND FOR A SIXTH CAUSE OF ACTION AGAINST
DEFENDANTS, ABOVE NAMED, HEREIN:
36. Plaintiff repeats, reiterates and re-alleges each and every allegation
contained in paragraphs "1" through "35" of this Complaint with the same force
and effect as if fully set forth herein.
37. Defendants, SAINTS HOCKEY CLUB, INC. and/or USA
HOCKEY, INC., failed to warn and/or disclose and/or educate THE CHILD
and/or the parents of THE CHILD of the danger of sexual assault
https://iapps.courts.state.ny.us/nyscef ... 5W/fBgcg==