Houston-Area Massage Envy Pays $1 Million Policy Limit Settlement to Sexual Assault Victims
Blizzard Greenberg attorneys secure maximum settlement on behalf of women
HOUSTON – A Houston-area Massage Envy has agreed to pay its maximum insurance policy limit of $1 million to two women who filed a lawsuit saying they were sexually assaulted by a male massage therapist during their appointments.
Our Houston sexual assault attorneys represented the women, identified as T.G and M.D., in the lawsuit against a Massage Envy franchise in Conroe. The lawsuit includes disturbing details describing the assaults against both women during their appointments.
Following reports of the assaults, the Conroe Police Department arrested Jose Barajas Franco and charged him with felony sexual assault. He has since bonded out of jail and the criminal case is ongoing.
According to the lawsuit, Mr. Franco assaulted T.G. towards the end of her appointment by abruptly inserting his fingers into T.G.’s vagina. She froze as he then jumped onto the table, grabbed her hands and began performing oral sex on her without her consent. Terrified, T.G. remained frozen on the massage table until the assault ended. She was later diagnosed with HSV-1, or herpes, an incurable, lifelong infection, as a result of the attack.
The victim’s report to police led to the discovery of other women who had made complaints about Mr. Franco, including M.D. She accused Mr. Franco of inappropriately touching her in multiple areas and failing to properly use draping throughout the session, making her feel vulnerable and exposed.
During his deposition in the legal case, Massage Envy franchise owner Mack Miller claimed, “male therapists have been targets of an extraordinarily disproportionate number of lawsuits” in the industry.
“The franchise owner attempted to downplay the allegations, and we did not stand for it,” said trial lawyer Anna Greenberg. “These women, with no knowledge of the other’s allegations, separately reported the assaults by this therapist within just a few weeks of each other. That is no coincidence; that is evidence of a predator at work.”
The case is T.G. and M.D. v Massage Envy and Jose Barajas Franco et al., cause number 2022-59001 in Harris County District Court.
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