Los Angeles County Superior Court Judge Holly J. Fujie has dismissed a sexual assault lawsuit against Mötley Crüe drummer Tommy Lee. The lawsuit was originally filed in December 2023 and alleged that Lee not only sexually assaulted a woman during a helicopter flight in 2003, but also covered it up using his Mayhem Touring Inc. company.
According to a report by Rolling Stone, plaintiff Jane Doe now has 20 days to refile the complaint and prove a "concerted effort" that Lee covered up the event. Fujie further noted that Doe "failed to assert facts to support the 'coverup' requirement," while Lee argued that Mayhem Touring Inc., was suspended in February 2002. Doe argued that Mayhem Touring Inc. was only deliquent and was still operable at the time.
To recap the suit, a woman only identified as Jane Doe filed a lawsuit on December 15 accusing Lee of "forcibly groping, kissing and penetrating her with his fingers, and attempting to force her to perform oral copulation" during a helicopter trip from San Diego County to Van Nuys, CA in February 2003.
The lawsuit claims that Doe had originally become friends with helicopter pilot David Martz in early 2002 and, after some hesitation, agreed to a trip in February 2003. Upon arriving at the helipad, Martz informed Doe that she would be riding with Lee instead of alone.
The lawsuit then claims that Martz began mixing drinks "within a matter of minutes of being airborne," and that both Martz and Lee smoked weed and snorted cocaine throughout the duration of the flight. Doe states she was not drinking and that Martz eventually told her to "just relax." Eventually Doe was asked up to the cockpit and sit on Lee's lap to "get the best view." Doe said she felt pressured to do so, and upon entering the cockpit was assaulted by Lee.
"At one point, Lee penetrated plaintiff with his fingers while fondling her breasts. Lee then pulled down his pants and attempted to force plaintiff’s head toward his genitals. By this point, plaintiff was in tears, but she had nowhere to go — she was trapped with little mobility to leave the cockpit," states a portion of the suit.
The lawsuit claims that Martz then flew Doe back to San Diego County after dropping Lee off. Doe and Martz spoke briefly in 2009 for the first time since the incident, and Martz died in a Cessna accident in August 2015. Rolling Stone further points out that Martz had a history of flying under the influence, and was even detained on suspicion of DUI in 2009. Martz lost his pilot's license three times throughout his career, and according to a Los Angeles Times article was facing a fourth revocation "proceeding on allegations that he falsified his FAA medical certificate related to two drunken driving convictions in 2013 and 2014."
Doe is suing over sexual assault, gender violence, intentional infliction of emotional distress, and negligence. The lawsuit names, Tommy Lee Inc., A Natural High Helicopters and Social Helicopters as defendants.
