Roethlisberger's Motion For Dismissal In Alleged Rape Lawsuit Is Denied

NFL News - October 1st, 2009 - Written by John

In Nevada, Washoe District Judge Brent Adams has ruled that a lawsuit filed against Pittsburgh Steeler quarterback Ben Roethlisberger by Andrea McNulty has "sufficient" claim if her allegations were proven true and entitle her to relief. Roethlisberger's attorneys had filed a motion to dismiss the civil lawsuit that stated that McNulty claims she had been raped by the Steeler's star quarterback. Adams also denied a motion by Roethlisberger to dismiss McNulty's complaint that he committed fraud by allegedly calling her to come to his hotel room and repair his television.

"The court recognizes that a motion to dismiss is only proper where it appears beyond doubt that the plaintiff could prove no set of facts which, if true, would entitle them to relief," Adams wrote in the order filed late Tuesday.

McNulty is a VIP host at Harrah's Hotel-Casino and accuses Roethlisberger of sexually assaulting her. She filed her lawsuit in July and claims that the assault occurred while Roethlisberger was playing in a celebrity golf tournament in Lake Tahoe. The suit claims that Roethlisberger forced McNulty to have sex with him after he lured her into his room. She is seeking $400,000 in damages from Roethlisberger and unspecified punitive damages. McNulty also claims that she had been hospitalized for a few months due to trauma that occurred from the alleged rape. She is also seeking $50,000 from eight Harrah's officials and claims they were attempting to cover up the incident. It wasn't the decision from Adams that Roethlisberger and his attorney David Cornwell were seeking, but Cornwell feels confident that they will find these allegations made by McNulty to be false.

"Finding that plaintiff survived this round because of a generous 'beyond doubt' standard indicates that, at these early stages, the court is inclined to give plaintiff her day in court," Cornwell said in a written statement. "Of course, this cuts both ways. In any event, her allegations remain false and we remain committed to a vigorous defense."

An attempt to have the case dismissed by Cornwell stating that the suit failed to name an "indispensable party" was also denied by Adams, as well as Roethlisberger's attempt to expedite discovery and sharing of evidence.

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