BUFFALO, N.Y. (WIVB)- Evander Kane is taking legal action against the woman who accused him of battery at Harborcenter last year.
Kane came under scrutiny in December after an incident inside the Harborcenter Mariott. The alleged victim didn’t file a criminal report.
The Erie County District Attorney’s office started investigating after they say a doctor told them there may have been a sexual assault. After looking at the evidence, acting DA Michael Flaherty did not move forward with criminal charges.
In a civil case filed in July, the alleged victim claimed Kane bought her drinks at a bar and then invited her to his hotel room where he “inflicted physical battery” that she did not consent to.
She said it caused “extensive bleeding requiring multiple surgeries and blood transfusions and serious emotional trauma.”
Now in a response, Kane’s legal team filed court documents that said any contact between Kane and the woman was consensual. It also said the “accident was caused solely or in part through the culpable conduct, contributory negligence and/or assumption of risk of the plaintiff in failing to exercise reasonable care for her own safety.”
Kane’s team also filed a counterclaim saying the suit against Kane is “a sham” and Kane has been subjected to “great indignity and humiliation, and was injured in his good name and reputation in the community.”
News 4 reached out to the woman’s lawyer for a comment and have not heard back yet.