Jim and Amber Marchese may finally get their day in court over their suit against Virgin Airlines, RadarOnline.com can exclusively reveal.
The flight attendant listed in their suit, Moriah Rosser, finally filed her answer to their complaint on Jan. 4 after a battle to extend the deadline. Radar has obtained her damning counterclaim, which claims the ex-RHONJ couple is to blame for their own actions — and that she has no reason to be listed in the suit!
Rosser claimed that she was only "acting within the scope of her employment" in regards to her interactions with the Marcheses, and "denies that Plaintiffs' damages exceeded $75,000." She also claimed that since the Marcheses are public figures (with a recent stint on Marriage Boot Camp under their belts), they will be able to quickly make the amount of money they lost as a result of their actions on their flight.
She denied all of their claims — only attesting to the fact that they were aboard Flight 170 where she was working, and Amber ordered a glass of wine from her. She also "admitted that the police were notified of a domestic disturbance involving Plaintiffs" aboard the flight.
Rosser demanded that the suit be thrown out, as she did nothing wrong. She also claimed that their "acceptance of refunds for their ticket fare on Flight 170 effected a waiver of their claims for breach of contract or estops them from seeking additional damages." She also claimed that Jim and Amber "are public figures and the alleged defamatory statements she made involve a public concern, for which Plaintiffs have not pled, nor can they prove, that the alleged defamatory statements were made with actual malice."
Instead, she insisted that the Marcheses acted in actual malice in speaking out about the incident and giving her name. She also claimed that they were wrong in denying an incident occurred, as she "overheard Mr. Marchese state as follows to Mrs. Marchese: 'If you want to be on equal f**ing playing fields, then carry the f**ing bags.'" She then claimed that another passenger approached her to complain that Jim "appeared to be intoxicated" and that his behavior was bothering her.
Rosser reported witnessing "Mr. Marchese pull Mrs. Marchese's face closer to him and state: 'B**h, if you do that again, I will f**ng kill you.'"
At that point, she asked if the couple was okay — but "determined that their behavior threatened the safety and security of the passengers and the flight crew" and reported the incident to the police.
She insisted that she did not know they were famous at the time, and that Jim and Amber are only talking about the case for "their own self-promotion and to attract publicity."
Rosser is requesting for her attorneys' fees to be paid as well as any damages the court sees fit.
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