The trial stemming from Swift's allegations
against radio personality David Mueller headed into its final
phase after the 27-year-old singer-songwriter won an important
ruling on Friday, which dismissed the DJ's accusation that she
wrongfully got him to lose his job.
The ruling by U.S. District Judge William Martinez left standing
Swift's assault and battery countersuit against Mueller, who
insisted during the trial that he was falsely accused.
The judge also left intact a single claim by Mueller accusing
Swift's mother and another member of her management circle of
interfering with his contract, bringing about his ouster from
his $150,000-a-year job at radio station KYGO-FM.
The judge previously tossed out Mueller's
defamation-of-character claim against Swift, ruling before the
trial that the DJ had waiting too long to file a lawsuit on
those grounds.
The weeklong trial stems from allegations by the Grammy-winning
artist known for such hits as "Fearless" and "I Knew You Were
Trouble," that Mueller clutched her bare buttocks during a
pre-concert fan reception while they posed together for
pictures.
Mueller, 55, initiated the litigation, suing Swift, her mother
and her radio station liaison Frank Bell for his termination.
The elder Swift said she wanted Mueller fired, and Bell reported
the allegation to KYGO management, who sacked Mueller two days
after the incident.
Swift then countersued, saying in her lawsuit that raising the
issue of sexual assault “will serve as an example to other women
who may resist publicly reliving similar outrageous and
humiliating acts.”
During his trial testimony, Mueller denied having touched Swift
inappropriately and said the false allegation cost him his
career.
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“It's a humiliating experience to be accused of something that
despicable,” he said.
When Swift took the stand, she testified that Mueller put his hand
under her skirt and “latched onto my bare ass cheek,” causing her to
lurch away from him.
A photograph of the incident, shown repeatedly during the trial,
depicts Swift flanked by Mueller and his then-girlfriend Shannon
Melcher. Mueller’s right hand is concealed behind Swift’s backside,
and she appears to be leaning away.
Melcher testified that she did not see anything untoward during the
encounter, but added, “I don’t have eyes in the back of my head.”
Swift is asking for a symbolic $1 in damages, but that does not
limit what the eight-member jury could award her should she prevail.
“For this reason, any recovery obtained by Ms. Swift will be donated
to charitable organizations dedicated to protecting women from
similar acts of sexual assault and personal disregard,” the
countersuit said.
If Mueller prevails on his claim against Andrea Swift and Bell, any
damages would be limited to his two-year contract with the radio
station, the judge has ruled.
(Reporting by Keith Coffman in Denver; Editing by Nick Macfie)
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