New York Knicks point guard Derrick Rose failed to secure a summary judgement in the sexual assault lawsuit levied against him by a former lover and as a result, the case will move proceed to trial.

Sexual Assault Suit Against Derrick Rose Moves To Trial

Rose’s motion to have the case thrown out via summary judgement was denied due to a dispute over the facts in the case, according to the court records via sports attorney Dan Werly.

The case will proceed to the trial phase due to “a genuine dispute of material fact as to the central issue in this action: whether plaintiff consented to sexual intercourse with defendants in early morning of August 27, 2013,”

The lawsuit first came to light in August 2015 when TMZ reported that the former NBA MVP was being sued by a woman who claimed  the pair dated from 2011-2013. The alleged victim charges that Rose and two of his friends, identified as Ryan Allen and Randall Hampton, “drugged and gang raped” her.

According to court record, the woman accusing Rose, Allen and Hampton of rape, alleges the incident occurred in 2013 when “they slipped a drug into her drink with the aim of raping her,” according to the TMZ report, but the woman alleges Rose and his friends broke into her apartment later and “gang raped her while she was incapacitated.”

You can read the full complaint here

Rose has remained silent on the topic, saying only that he knew “the truth” and was “innocent,” when the news first broke last summer.

” (I am) not going to comment other than to say I know the truth and am confident I will be proven innocent,” Rose told the Chicago Tribune’s K.C. Johnson.

The three-time NBA All-Star was acquired by the Knicks via trade June 22.

Although his motion for summary judgement was denied, Rose won separate motions to limit the plaintiff’s expert witnesses at trial and “break up the punitive damages,” according to Werly.

The lawsuit reflects the woman was seeking a total of $21.5 million in damages; $6 million in compensatory damages and $15.5 million in punitive damages.

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