According to Daniel Kaplan of The Athletic, Rachel Kuechle has asked a federal bankruptcy court to partially lift the stay on her five-year-old lawsuit. Kuechle accused Kane of physical assault back in 2016, though her «relief from stay» motion in the bankruptcy court describes it as a sexual assault, the first time that description has been used in the case.
Since Kane filed for bankruptcy back in January, Kuechle's lawsuit has been under a "stay", which she wants lifted so the case can go ahead.
"Evander Frank Kane, Debtor herein, sexually assaulted Rachel Kuechle in the City of Buffalo, New York, after midnight on the morning of December 27, 2015," reads the court motion asking for the stay to be lifted.
When asked why the case now reads sexual assault instead of physical, Kuechle's lawyer made the following statement:
"No comment except that the allegations of the complaint itself control over any inconsistency with the motion for relief from stay. Thanks."
The details of Kuechle's case have been published before. She claims she met Kane at a Buffalo restaurant on December 26th, 2015. After eating, the two went to a nearby hotel.
"While in the hotel room, he inflicted a battery upon Kuechle," the complaint read. "The physical battery was violent and offensive in nature," causing Kuechle to suffer bodily injury including lacerations, extensive bleeding, requiring multiple surgeries, and blood transfusions and serious emotional trauma, all to her detriment."
Buffalo police investigated the incident, but there were no criminal charges.
Keuchle is seeking $3 million for the lawsuit. Because insurance covers Kane for this charge, she argued in her latest filing, it would have no effect on his assets in the bankruptcy.
So far, Kane's attorneys have not filed a response to the motion.
Source: The Athletic
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