O’Malley’s and owner named in negligence lawsuit related to 2018 rape

O'Malley's Bar awning in Aggieville on Nov. 18 2019 (Dalton Wainscott I Collegian Media Group)

O’Malley’s and affiliated individuals are named in a civil lawsuit filed in the District Court of Kansas on Tuesday. A former Kansas State student, who says she was raped in the establishment’s bathroom in February 2018, alleges the “negligent and wanton operation of the bar,” combined with overcapacity and low security played a role in her assault.

In the suit, the plaintiff says the security camera was not working on the night of the incident, the lock on the bathroom was not functioning and employees of the defendant had “swabbed the bathroom clean before evidence could be gathered.”

In the documents related to the case, the plaintiff alleges that she went to the bathroom and locked the door. However, the door was not adequately secured, the documents read, because two assailants entered the bathroom.

The plaintiff says she was then raped while her mouth was covered. When the assailants left, she contacted the police. A rape kit was completed at the nearest hospital that provided that service, but the assailants were never apprehended.

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In the account detailed in the complaints filed, the plaintiff also alleges that the employees working at the bar were consuming alcohol and the establishment lacked “trained and competent” security and employee supervision.

“As a direct result of Defendant’s conduct, Plaintiff suffered serious physical injury, pain and suffering, devastating emotional distress, past and future medical expenses, out-of-pocket expenses and diminished earning capacity,” the documents read.

The documents also state, that given the environment, the defendants “had reason to anticipate an assault against a female patron.”

The plaintiff is requesting $75,000 in compensatory damages.

“I want these two men to be found and to answer for what they did. I want O’Malley’s to do better. You should be able to be safe at a bar,” Dan Curry, of Brown & Curry, LLC, said in an emailed statement on behalf of the plaintiff.

Attempts to contact O’Malley’s for a comment were unsuccessful.

My name is Kaylie McLaughlin and I'm the ex-managing editor and audience engagement manager of the Collegian. Previously, I've been the editor-in-chief and the news editor. In the past, I have also contributed to the Royal Purple Yearbook and KKSU-TV. Off-campus, you can find my bylines in the Wichita Eagle, the Shawnee Mission Post and KSNT News. I grew up just outside of Kansas City in Shawnee, Kansas. I’m a senior in digital journalism with a minor in French and a secondary focus in international and area studies. As a third-generation K-Stater, I bleed purple and my goal is to serve the Wildcat community with accurate coverage.