Marcus Vick Seeks Dismissal of Va. Girl's $6.35 Million Suit
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Wednesday, January 17, 2007; 11:27 AM
CHRISTIANSBURG, Va. (AP) -- An attorney for Miami Dolphins rookie Marcus Vick has asked a judge to dismiss a $6.35 million lawsuit by a teenager who said she had a nearly two-year sexual relationship with Vick.
Larry Woodward of Virginia Beach filed the motion Tuesday in Montgomery County Circuit Court in response to the suit filed last month by the girl, now 17, and her grandmother. He said the claims of injury was groundless.
No court date has been set to hear the motion, a spokeswoman in the clerk's office said Wednesday.
In the lawsuit, the girl, identified only as Jane Doe, accuses the former Virginia Tech quarterback of sexual battery upon a minor, intentional infliction of emotional distress, fraud and other charges.
The girl said in the lawsuit that she was the one who had sex with Vick on the night in January 2004 that led to his arrest on a charge of contributing to the delinquency of a minor. According to the lawsuit, she was 15.
The response by Woodward contends that the allegations of sexual battery should be stricken because "violation of criminal statute does not give rise to a private cause of action."
As to the claim of emotional distress, the response said, the girl failed to allege any injury.
The lawsuit contends Vick "made repeated misrepresentations to plaintiff Jane Doe, including that defendant Marcus Vick was in love with her; that defendant Marcus Vick wanted her to have his child." Vick also wanted her to have sex with other men, according to the lawsuit.
"Expressions of opinion cannot form the basis of an action for fraud," Woodward's motion said.
When Vick was charged with contributing to the delinquency of a minor in February 2004 in a case involving three underage girls, the lawsuit said, he was ordered to have no contact with the victims as a condition of his bond.
He pleaded no contest in September 2004 to one count of contributing to the delinquency of a minor and was ordered to have no contact with the victims.
The girl's lawyer, Stephen Haga, said Tuesday that he made a financial demand to settle the case before filing the lawsuit. He filed suit when he didn't get a timely response, he said.
