YORK – A 14-year-old karate student and her mother have sued the facility where the minor-plaintiff was studying martial arts, after one of its instructors allegedly sexually assaulted her and three other female students.
K.F. (a minor, by Meghan Frey, her parent and natural guardian, and Meghan Frey, individually) filed suit in the York County Court of Common Pleas on May 8 versus Elite Fitness & Martial Arts, LLC. All parties are of New Cumberland.
“Defendant’s business is a karate studio offering martial arts classes and lessons to members of the public from Cumberland, Dauphin, York and other Central Pennsylvania counties. Upon information and belief, Thomas Hogue, of York County, Pennsylvania, was the principal member and owner of defendant Elite Fitness on the date of the incidents that are described herein. Upon information and belief, Thomas Hogue was also CEO of the business and was responsible for managing Elite Fitness on the date of the incidents that are described herein,” the suit says.
“Devin Hogue, the 23-year-old son of Thomas Hogue, was defendant Elite Fitness’s employee on the date of the incidents that are described herein. Specifically, Devin Hogue was a karate instructor at Elite Fitness. Upon reasonable investigation, Elite Fitness owner/manager, Thomas Hogue, was charged with rape of an underage child and ultimately pleaded guilty to sexual battery in the state of Tennessee in 1999, prior to his formation, ownership and management of defendant Elite Fitness. Upon reasonable investigation, defendant Elite Fitness’s employee, Devin Hogue, was charged with dissemination to minors of obscene and other sexual materials and harassment – communicating lewd, lascivious or obscene materials in October 2019. Hogue ultimately pleaded guilty to the harassment charge in 2019.”
The suit continues that in December 2022, plaintiff, K.F., a minor female, began taking karate classes at Elite Fitness and that three months later, in March 2023, “a report was made to the New Cumberland Police Department…that defendant’s employee, Devin Hogue, had sexually assaulted and otherwise corrupted K.F. and at least three other minor female students at the karate studio.”
“In March, upon receiving the aforementioned complaint, police began an investigation into said allegations. In late March through May 2023, police and experts at the Children’s Resource Center interviewed K.F. and the three other minor, female karate students. In late March through May 2023, police performed forensic analysis of the cell phones of all four minor female karate students. The aforementioned investigation revealed dozens of inappropriate, sexually explicit text messages and photos sent from defendant’s employee Devin Hogue’s cell phone to the minor, female karate students. Many of the aforementioned texts and photos were sent at times when Devin Hogue was in the course and scope of his employment with defendant,” the suit states.
“On multiple occasions, Devin Hogue touched K.F. inappropriately, forced K.F. to kiss him, sent her nude photos of himself, ordered her to send nude photos of herself to him and threatened K.F., while in the course and scope of his employment and while on the premises of defendant Elite Fitness. On multiple occasions, Devin Hogue behaved as described previously, when Thomas Hogue, owner/manager of defendant Elite Fitness was present on the premises at times when karate classes were occurring in the facility. Upon reasonable investigation, it is believed that Thomas Hogue knew or should have known that his employee (and son), Devin Hogue, was sexually assaulting and corrupting minor, female students while in the course and scope of his employment with defendant Elite Fitness. On the date of the first assault and/or corruptive incident, K.F. was 14 years of age. Upon being notified by police that its employee Devin Hogue was allegedly corrupting and sexually assaulting several minor, female karate students while working on defendant Elite Fitness’s premises, Thomas Hogue continued to employ Devin Hogue as a karate instructor – further exposing other minor, female karate students to sexually-abusive behavior.”
For a lone count of negligence, the plaintiffs are seeking judgment against defendant Elite Fitness & Martial Arts in excess of $50,000, the amount requiring compulsory arbitration in York County.
The plaintiffs are represented by Christopher J. Marzzacco of Marzzacco Niven & Associates, in Harrisburg.
The defendant has not yet retained legal counsel.
York County Court of Common Pleas case 2024-SU-001355
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com