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Multiple defendants called good strategy
Saturday, July 25, 2009

It is a good legal strategy for the woman accusing Steelers quarterback Ben Roethlisberger of sexual assault to have named as defendants a number of fellow employees at Harrah's Lake Tahoe Resort.

Several lawyers said that by including multiple defendants, it increases the woman's chances of recovering some money in damages.

"It's more pockets to get into, potentially," said local attorney Michael O'Day. "You just throw a huge net out there and figure eventually, someone's going to pay you."

Besides naming Mr. Roethlisberger, the woman also filed claims against the hotel's president, chief of security, vice president of human resources and employee relations manager, among others. There are a total of nine named defendants.

The civil suit spells out a number of claims in addition to sexual assault, such as intentional infliction of emotional distress, invasion of privacy and defamation.

What he expects could happen is that one or two defendants who feel they are at risk by going to trial will instead agree to settle.

"Someone's going to break down and pay."

George Bochanis, a long-time plaintiff's attorney in Las Vegas, said there's a good reason why the woman did not name the Harrah's hotel chain.

Under state law in Nevada, a person is precluded from suing her employer unless she can show there was specific intent to injure.

"She would have to prove deliberate, wanton, malicious, purposeful behavior to prevail on punitive damages," Mr. Bochanis said. "It's more than just negligence."

First published on July 25, 2009 at 12:00 am