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Lawsuit Over Erotic Massages

Illinois- The Kane County Cougars will have to keep fighting defamation charges from a woman who rubbed down players.

A judge ruled Thursday against dismissing the lawsuit against the Geneva-based baseball franchise brought by Leah Siwinski, a clinical massage student who interned for the team.

The 23-year-old from Chicago claims she was dismissed because management said she gave erotic massages to players and staff and sexually harassed them.

Siwinski denies the allegations. Her attorney, Lion Menconi of Schaumburg, said the sexual allegations were concocted to hide the fact the ball club wanted her out because her striking good looks were distracting players and staff.

The Cougars had sought to end the legal battle quickly by saying the case had no merit and should be dismissed because the statutory definition of defamation requires a claim of fornication or adultery. Siwinski failed to claim in her lawsuit that the Cougars accused her of either fornication or adultery.

But Judge Gene Nottolini said the alleged comments about sexual misconduct were enough to meet the common law definition of defamation because it impugned her integrity and could hinder future employment.

Nottolini’s ruling did not speak to whether the allegations were true, only that the case can continue.

Also in her lawsuit, Siwinski is suing the Chicago masseuse school SOMA that sent her to work for the Cougars. She claims that staff at the school told fellow students she had been terminated for sexual misconduct. Nottolini ruled Thursday that Siwinski must refile her lawsuit to show how staff members were acting as agents of the school before he would let a case against the school continue.

Arguments will continue on the lawsuits in court this summer.

 

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