Recalling the alleged incident, the plaintiff — referred to in the documents as Jane Doe — claims that she and a friend were seated “one table away” from Foxx and the cofounder of the Catch Hospitality Group, Mark Birnbaum, who were apparently drinking together.
At around 1.00 a.m., the woman claims she approached Foxx and Birnbaum’s table to ask for a selfie with the actor, to which he apparently replied: “Sure baby, anything for you.”
After taking some pictures, Foxx allegedly began complimenting Doe’s appearance, telling her she had a “supermodel body” and that she smelt good. She also claims he told her she looked like Gabrielle Union.
In the complaint, Doe claims that Foxx “seemed intoxicated” before he guided her to a more private area of the rooftop where she alleges she was sexually assaulted by him. A representative for Foxx did not immediately respond when contacted by BuzzFeed for comment.
A Catch NYC security guard who is alleged to have witnessed the assault, but did not intervene, is listed as a defendant in the lawsuit.
Doe claims that Foxx stopped touching her upon realizing that her friend had come out onto the rooftop, at which point he allegedly walked over to the nearby security guard.
As a result of the alleged assault, the woman claims in the legal filings that she “suffered and continues to suffer severe emotional distress and anxiety, humiliation, embarrassment, post-traumatic stress disorder and other physical and emotional damage.”
The lawsuit also alleges that Birnbaum and Catch NYC breached their duty of care and enabled the assault to happen. The restaurant, its employees, and Birnbaum are listed as defendants in the complaint.
The alleged victim is seeking a trial by jury. She is suing for compensatory and punitive damages, alleging “sexual assault, abuse, assault and battery.”
The lawsuit is one of a number of sexual assault complaints to have been filed this week ahead of New York’s Adult Survivors Act (ASA) expiry on Nov. 24.
According to MSNBC, the ASA bill “provides victims of sexual assault who were 18 years or older at the time of their abuse a one-year look-back period to file a lawsuit against their abuser and, if applicable, the institution that harbored them,” regardless of how long ago the crime occurred.