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A Nevada judge will not dismiss a civil suit alleging Pittsburgh Steelers quarterback Ben Roethlisberger raped a Lake Tahoe casino worker. Lawyers for Roethlisberger filed a Motion to Dismiss, which has been subsequently denied.
Washoe District Judge Brent Adams rejected arguments that the suit should be dismissed, saying Andrea McNulty's allegations make a "sufficient" claim that if proven, would entitle her to relief.
"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.
Adams also refused to strike McNulty's complaint, finding that as written, it is not "unnecessarily salacious or graphic," as argued by Roethlisberger's lawyers. His request to expedite the discovery process has also been denied.
McNulty, a 31-year-old VIP hostess at Harrah's, filed a civil suit in July, alleging Roethlisberger sexually assaulted her while he was at Lake Tahoe the previous summer to compete in a celebrity golf tournament. The suit claimed she was hospitalized for several months because she was traumatized after the alleged attack.
The suit seeks a minimum $440,000 in damages from Roethlisberger, unspecified punitive damages and at least $50,000 in damages from eight Harrah's officials she accuses of orchestrating a cover-up of the incident.
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