ORLANDO – A student has filed a negligence lawsuit against Embry-Riddle Aeronautical University, alleging that the university failed to prevent her rape by one of its flight instructors, despite being aware of his prior criminal record which included charges for kidnapping and sexual assault.
The unnamed plainitff filed a lawsuit in the U.S. District Court for the Middle District of Florida against Embry-Riddle Aeronautical University citing allegations of negligence, negligent hiring, negligent retention, negligent training, and negligent supervision.
According to court documents, the Jane Doe plaintiff Doe enrolled as a student at Embry-Riddle to receive flight instruction from Bassem Mseeha, a flight instructor in the employ of the defendant.
Doe claims that on October 31, 2021, she was at the Prescott Public House bar in Prescott, Arizona, when she was approached by Mseeha. Doe alleges that while she was leaving the bar, Mseeha attempted to kiss her, but she rebuffed him. Doe claims that Mseeha followed her home, gained entry to the home, and raped her. Doe states that she later looked up Mseeha on Google to discover that he had a previous arrest and criminal charges in 2016 for sexual battery, kidnapping and false imprisonment. Doe states that the defendant should have been aware of Mseeha's criminal history of sexual assault at the time of his hire to work for the defendant.
Doe claims that after reporting her rape to the defendant, she was informed that Mseeha had recently assaulted another student who was filing a police report. The defendant allegedly told Doe that Mseeha was hired because, at the time of his hiring, he had not yet been convicted of the 2016 sexual assault. The lawsuit adds that the defendant had previously admonished employees for warning students of Mseeha's criminal history. Mseeha has since been reported to the police and has been placed on paid leave.
Doe alleges that Embry-Riddle failed to exercise reasonable care to protect her from harm, despite knowledge or should-have-known knowledge of Bassem Mseeha's past criminal history involving sexual assault and kidnapping. Additionally, the university is accused of not implementing adequate safety protocols and ignoring warnings from employees about Mseeha's dangerous behavior.
The plaintiff is demanding a trial jury to seek damages for pain and suffering, mental anguish, emotional distress, loss of enjoyment of life, and any other relief the court deems proper. She is represented in this case by attorneys Seth M. Lehrman and Catherine L. Davis of Edwards, Henderson, Lehrman in Fort Lauderdale.
U.S. District Court for the Middle District of Florida case number 6:23-CV-01924