HOUSTON – A recently filed lawsuit is arguing Pub Fiction is more culpable than the men who sexually assaulted one of its employees.
Seeking up to $10 million in damages, Nina Nguyen filed suit against Pup MT LLC (Pub Fiction) on May 2 in Harris County District court.
According to the suit, on Sept. 7, 2016, Nguyen was working at Pub Fiction. At the end of her shift, she was approached by her manager, Fidan Baca, and bartender Sean Kerrigan.
Throughout the suit, Baca is identified as “Scumbag #1” and Kerrigan as “Scumbag #2.” Kerrigan, who is now deceased, was also accused of sexual assault in a separate suit filed earlier this year.
The men bought Nguyen drinks and suggested they all go out to a club. During the Uber ride to their destination, the men began kissing her and fondling her breast.
In her suit, Nguyen says she resisted.
“Scumbag #1 then proceeded to remove his small penis from his pants and forced Plaintiff to perform oral sex. Plaintiff resisted,” the suit states. Scumbag #2 also proceeded to remove his even smaller penis from his pants and forced Plaintiff to perform oral sex. Plaintiff resisted.
“Scumbag #1 then put his fingers in Plaintiff’s vagina. Plaintiff resisted. Scumbag # 2 also put his fingers in Plaintiff’s vagina. Plaintiff resisted.”
Once the parties arrived at the club, Nguyen quickly dressed herself and told the “scumbags” to go inside and she would follow.
“She immediately called for an Uber and left,” the suit states. “Plaintiff has lived in shame and fear for over three years.”
In 2018, Kerrigan was indicted for felony aggravated sexual assault of Nguyen and another female for an unrelated sexual assault. Charges were levied against Baca, but he was not arrested because he could not be found.
“It is believed that Scumbags #1 and #2 perpetrated this act or similar acts on many occasions with many different young and vulnerable women,” the suit states. “The plan was to get waitresses and/or other young women to have drinks with them after hours or near closing.
“The women were then attacked at the bar or taken elsewhere.”
Kerrigan committed suicide after his indictment. Baca fled the country.
Nguyen contends Pub Fiction had an “opportunity” to prevent her rape and knew of the “bad acts” taking place.
“Defendant knowingly, recklessly or negligently created a haven for two perpetrators to rape countless women, including Plaintiff,” the suit states. “As such, Defendant is actually more culpable than the involved rapist because had it simply remove(d) Scumbag #1 and Scumbag #2 from the establishment none of these particular women would have been raped.”
Nguyen is represented by Houston attorney Chad Pinkerton.
Case No. 2019-30899