from www.tahoedailytribune.com – If Pittsburgh Steelers quarterback Ben Roethlisberger has his day in court, he wants it in Douglas County.
Reno attorney John Echeverria, representing the 27-year-old football player accused in a civil lawsuit of raping a Harrah’s Tahoe casino employee last year, filed a motion Aug. 7 to move the case from Washoe County to Minden.
Echeverria said the assault is alleged to have occurred in Douglas County, which also is the home of the plaintiff, other defendants and key witnesses.
Andrea McNulty, 30, [pictured] accused Roethlisberger of rape in a civil lawsuit she filed July 17 in Washoe District Court.
The Gardnerville resident claims the attack took place during the July 2008 American Century Championship golf tournament at Edgewood Golf Course. She was employed at Harrah’s Tahoe as a VIP casino host where Roethlisberger was a guest.
McNulty said in her lawsuit she never filed a criminal complaint against Roethlisberger because casino officials pressured her into keeping quiet.
The two-time Super Bowl winner denied the allegations.
“While the facts alleged in the complaint might be barely sufficient to establish … jurisdiction of Mr. Roethlisberger, requiring him to defend himself against these baseless allegations and the attempt to exploit his celebrity in a jurisdiction far from his Pennsylvania home, the allegations of plaintiff’s complaint make it clear that the parties, events, and evidence critical to the resolution of this case are in Douglas County,” Echeverria wrote in his motion for a venue change.
He said the only tie to Washoe County is the allegation that one of the defendants lives there.
Echeverria said the court had wide discretion in adjudicating the change of venue. Nevada courts have considered the residence of the parties, location and number of witnesses, inconvenience to witnesses, proximity to scene of the incident, travel requirements and the speed of trial and expense.
Roethlisberger’s attorneys have until Aug. 21 to file their response to McNulty’s lawsuit. She is seeking a minimum of $490,000 and punitive damages.
McNulty was accused in court documents also filed last week by a co-worker of bragging about having consensual sex with Roethlisberger.