wes CASE NUMBER: 502019CA002620XXXXMB Division: AH ****
Filing # 85504412 E-Filed 02/26/2019 12:10:30 PM
IN THE CIRCUIT COURT OF THE
MADELEINE S. HUMPHREYS, FIFTEENTH JUDICIAL CIRCUIT, IN
AND FOR PALM BEACH COUNTY,
Plaintiff, FLORIDA
v.
CASE NO:
CATHERINE MORITZ, PHD, LMHC,
Defendant.
COMPLAINT AND JURY DEMAND
COMES NOW, Plaintiff, MADELEINE S. HUMPHREYS, by and through undersigned
counsel, sues Defendant CATHERINE MORITZ, PH.D., L.M.H.C., and alleges:
JURISDICTION AND VENUE
L. This is an action for damages in excess of the jurisdictional limitations of this Court,
exclusive of interest and costs and within the jurisdiction of this Court.
2. This cause of action is for professional malpractice and intentional infliction of
emotional distress.
3. Venue is appropriate in this Court as all acts alleged to have been committed by
Defendant against Plaintiff ocenrred wholly within Palm Reach County, Florida.
4. All conditions precedent for bringing this action have been satisfied.
PARTIES
5. Plaintiff, MADELEINE S. HUMPHREYS (hereinafter “HUMPHREYS”), is a
citizen of the State of Florida residing im Martin County.
6. At all times material to this action, Defendant CATHERINE MORITZ, PH.D.,
L.M.H.C. (hereinafter “MORITZ”), was and is a citizen of the State of Florida residing in Palm
Beach County.
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PILL. PAL BLAU VUUINE TT, FL, OHI. DUUN, ULLIAN, vereuizulg 12.10.00 FivtUNDERLYING FACTS
7. Ms. HUMPHREYS became a patient of Licensed Mental Health Therapist Dr.
MORITZ on or about November 6, 2014.
8. Thereafter, Dr. MORITZ saw Ms. HUMPHREYS individually on an ongoing basis
as part of a treatment plan for mental and emotional issues to achieve wellness.
9. As part of this therapist-patient relationship, Dr. MORITZ also provided marriage
counseling to Ms. HUMPHREYS and her then husband, Dale Lucius.
10. Upon information and belief, Dr. MORITZ engaged in a romantic and sexual
patient relationship with Ms. HUMPHREYS.
11. On information and belief, Dr. MORITZ provided counseling and guidance to Ms.
HUMPHREYS regarding her marriage to Mr. Lucius even while Dr. MORITZ was involved
romantically and sexually with Mr. Lucius.
12. On information and belief, Dr. MORITZ continued to accept payment from Ms.
HUMPHREYS and Ms. HUMPHREYS? insurance carrier while she was involved romantically
and sexually with Mr. Lucius.
13. Dr. MORITZ deliberately and maliciously deceived Ms. HUMPHREYS when she
failed to disclose to and concealed her relationship with Ms. HUMPHREYS’ husband. This
conduct, under these circumstances, is extreme and outrageous.
14. Dr. MORITZ breached the patient-therapist duty of reasonable care she owed to
Ms. HUMPHREYS when she became romantically and sexually involved with Ms.
HUMPHREYS’ husband.15. Dr. MORITZ breached her fiduciary duties and her trust relationship with Ms.
HUMPHREYS when she became romantically and sexually involved with Ms. HUMPHREYS’
husband.
16. | Ms. HUMPHREYS subsequently divorced Mr. Lucius.
17. Dr. MORITZ’s actions caused or substantially contributed to damages including
emotional injuries, pain and suffering, the expense of therapy sessions and pecuniary damages in
connection with Ms. HUMPHREYS’ divorce.
COUNT I: PROFESSIONAL MALPRACTICE
~
v
J
through 17, inclusive, as if fully set forth herein.
19. | Asa Licensed Mental Health Therapist, Dr. MORITZ owed a duty to her patients,
including Ms. HUMPHREYS, to act in a professional manner with the intimate and confidential
details shared with her in the course and scope of counseling and mental therapy sessions.
20. Further, Dr. MORITZ owed a duty not to interfere with her patients’ relationships
outside of the counseling sessions.
21. Dr. MORITZ breached her duty of care to Ms. HUMPHREYS when she engaged
in a sexual and romantic relationship with Ms. HUMPHREYS’ husband.
22. Dr. MORITZ committed sexual misconduct by a psychotherapist pursuant to
Florida Statute § 491.0112 when she engaged in a sexual and romantic relationship with Mr.
Lucius.
23. The above acts or omissions on the part of Dr. MORITZ constitutes negligence,
and departs from the reasonable standards of professionalism required by licensed mental health
therapists in the State of Florida.24. As a direct and proximate result of the actions of Defendant Dr. MORITZ, as
described above, Ms. HUMPHREYS suffered emotional injuries, pain and suffering, the expense
of therapy sessions and pecuniary damages in connection with Ms. HUMPHREYS’ divorce.
WHEREFORE, Plaintiff demands judgment against Dr. MORITZ for actual compensatory
damages, pain, suffering and emotional distress, general and special damages including lost wages
or earning capacity in the past and future, medical expenses in the past and future, reserves the
right to move for punitive damages, and demands a jury trial of all issues so triable.
COUNT II: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
v
J
through 17, inclusive, as if fully set forth herein.
26. Dr. MORITZ caused severe emotional distress to Ms. HUMPHREYS by her
reckless and intentional acts, as set forth herein.
27. Dr. MORITZ commited the intentional infliction of emotional distress to Ms.
HUMPHREYS when she engaged in a sexual and romantic relationship with Ms. HUMPHREYS’
husband while she was counseling Ms. HUMPHREYS on her marriage.
28. Dr. MORITZ betrayed the trust placed in her by Ms. HUMPHREYS.
29. Dr. MORITZ’s actions were extreme and outrageous, going well beyond all bounds
of decency and were done with the purpose of inflicting extreme emotional distress or in complete
disregard of the harm that would occur from the consequences of her actions.
30. Dr. MORITZ committed sexual misconduct by a psychotherapist pursuant to
Florida Statute § 491.0112 when she engaged in a sexual and romantic relationship with Mr.
Lucius.
31. The aforesaid actions by Dr. MORITZ were so outrageous in character and were so
extreme in degree that a reasonable member of the community would regard such conduct asatrocious, going beyond all possible bounds of decency and as being utterly intolerable in a
civilized community.
32. As a direct and proximate result of Dr. MORITZ’s extremely reckless and
intentional conduct, Ms. HUMPHREYS suffered severe emotional distress and mental anguish.
WHEREFORE, Plaintiff demands judgment against MORITZ for actual compensatory
damages, pain, suffering and emotional distress, general and special damages including lost wages
or earning capacity in the past and future, medical expenses in the past and future, reserves the
right to move for punitive damages, and demands a jury trial of all issues so triable.
I
A demand for a jury trial is hereby made.
Dated: February 26, 2019.
/s/ Guy Bennett Rubin
Guy Bennett Rubin, Esq.
Florida Bar No. 691305
Todd Norbraten, Esq.
Florida Bar No.: 56605
Rubin & Rubin
PO Box 395
Stuart, Florida 34995
Telephone: (772) 283-2004
AIAN 107 ANAND
acsimule: (772) 283-2009
grubin@rubinandrubin.com
tnorbraten@rubinandrubin.com
dkrebs@rubinandrubin.com
Attorneys for the Plaintiff
Filing # 124886546 E-Filed 04/14/2021 10:32:53 AM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION AH
MADELEINE S. HUMPHREYS, CASE NO: 50-2019-CA-002620
Plaintiff,
vs.
CATHERINE MORITZ, PHD, LMHC,
Defendant.
/
ORDER OF DISMISSAL WITH PREJUDICE
IN CONSIDERATION of the foregoing Stipulation, it is:
ORDERED AND ADJUDGED that the claims of Plaintiff, MADELEINE S.
HUMPHREYS, against Defendant, CATHERINE MORITZ, PHD, LMHC, are hereby dismissed
with prejudice, each party to bear their own costs and attorneys fees.
DONE AND ORDERED in Chambers, in West Palm Beach, Palm Beach County, Florida.
50201 9CA002620XXXXMB — O4/i32021
EINAL DIGEOSITION FORR amantha Schosberg Feuer—Circult'Judge
(Fla.R.Civ.P, Form 1.998)
by for your rights
xxx.xxx.251.136
December 13, 2022
