The Denver Post
Lawyer: Calif. suit eyed to escape damage caps
Sunday, November 07, 2004 -
The woman who accused Kobe Bryant of rape is considering filing a civil suit against the basketball star in California state court, in addition to her federal case pending in Denver, her attorney said Saturday.
The 20-year-old woman would not be bound in California by the limitations on financial damages that might apply to court in Colorado, attorney Lin Wood said. "In the final analysis, we'll make the decision whether to go to California or not based on whether it's in the best interests of this young lady," Wood said. "We're going to focus our efforts on maximizing the potential recovery from Kobe Bryant. "Whatever it takes, wherever we have to go, we'll go there and get it done." Federal courts in Colorado presumably are limited under state law to awarding damages of no more than $366,000 for pain and suffering. But California has no such monetary caps in place. According to rules of civil law, cases may be filed in the jurisdiction where the incident occurred as well as that where the defendant lives. If more than one lawsuit is filed stemming from the same dispute, only one case is resolved at trial and the other is dismissed. Wood said the woman's legal team would decide whether to file a separate case against Bryant in Orange County, Calif., within the next 30 days. "It's under consideration," he said. "One could see the potential merits, given the limitations on damages in Colorado." Meanwhile, the judge in the criminal case, which was dismissed Sept. 1, released dozens of previously sealed documents that attorneys for several media organizations had sought under state open-records laws. Among the noteworthy insights: A former roommate of the accuser testified in a closed- door hearing that the woman indicated early on that she wanted to sue Bryant and use the money for breast enhancement for herself and a friend and give a koala bear to another friend. Prosecutors unsuccessfully attempted to question Sean Holloway's memory by suggesting it had been weakened by drug use. Judge Terry Ruckriegle ruled that the defense could introduce evidence that one of the woman's purported paramours, Matt Herr, had declined to submit a DNA sample to determine if he had been the source of semen found in the woman's underwear. Staff writer Steve Lipsher can be reached at 970-513-9495 or slipsher@denverpost.com . |