A $20 million lawsuit has been filed against Texas restaurant Brennan’s of Houston, alleging that a bartender spiked a customers drink with a drug and over-served her alcohol before raping her. The lawsuit has been filed as a Jane Doe case to protect the petitioner’s privacy, but the plaintiff is described as a partner in the Houston office of a large international law firm who has practiced for 12 years.
The lawsuit seeks damages for pain and suffering, physical impairment, medical expenses and loss of earnings and earning capacity. According to the complaint, Jane Doe has been forced to leave her firm due to the stress and PTSD caused by the sexual assault:
“On Aug. 17, 2018, the distress reached a point where she has had to take medical leave from her firm, and she is currently undergoing treatment for PTSD. Her distress has cost her a tremendous amount in lost earnings, along with medical and counseling expenses,” the partner’s petition said. “At this point, she does not know when she will be able to return to work in any capacity, and she will undoubtedly continue to struggle with the emotional ramifications of this rape for the rest of her life.”
As reported by Law.com, the alleged assault happened in 2015 when plaintiff alleges a Brennan’s bartender, Sean Kerrigan, spiked her drink, took advantage of her incapacitation and raped her with aid of a manager of the restaurant:
“Almost immediately upon the colleague’s departure, Kerrigan ‘spilled’ plaintiff’s drink and replaced it with a bourbon-based drink ‘on the house.’ Kerrigan drugged plaintiff with this drink,” her petition alleges.
The plaintiff has no memory of finishing that drink, the petition said, and little memory of the rest of the evening. She alleges that she later learned Kerrigan and another man, who was then a manager of the restaurant, took her from Brennan’s to another bar, and then took to her house, where she lived alone.
She alleges that Kerrigan raped her an unknown number of times at her house that night, and the manager at a minimum aided and abetted the rape and the continued assault.
The petition alleges the restaurant is responsible for the assault and breached its duty of care in failing to properly supervise its employees and was negligent.
Jane Doe pressed charges against Kerrigan, and in July 2018, he was indicted for felony aggravated sexual assault. Kerrigan died in November 2018, and the charges were subsequently dismissed.
In a statement Alex Brennan-Martin, proprietor of Brennan’s of Houston, denied the restaurant was liable for the alleged actions of its former employees:
“While we condemn what she states happened to her in the strongest terms, we strenuously dispute any allegation that Brennan’s or Mr. Brennan-Martin (proprietor) is somehow responsible for the actions of individuals off work and off premises,” the written statement continued.
Biglaw Partner Files $20 Million Lawsuit Over Alleged Rape curated from Above the Law
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