Lawsuit Against 'Eric In the Morning' Star Will Continue: Judge

CHICAGO — A Cook County judge Wednesday denied a motion to dismiss a lawsuit against Radio Hall of Fame broadcaster Eric Ferguson filed by a former assistant producer who claims she was pressured to perform oral sex on the former WTMX-FM morning show star twice a week.

Cynthia DiNicolo, who worked for Ferguson's "Eric in the Morning" show for 20 years until being laid off last year, claimed in court papers that the host used his "power over her job" to coerce her into "unwelcome oral sex."

Ferguson's attorney called DiNicolo's claims "completely devoid of factual allegations” in a motion to dismiss the case.

On Wednesday, Judge Daniel Kabasiak denied that request, ruled that further discovery was necessary and ordered Ferguson to respond to allegations in DiNocolo's legal claim by January 12. A status hearing was set for Jan. 19.

Dinocolo's attorney, Carmen Caruso, said his client "looks forward to her day in court and is confident the jury will hold Mr. Ferguson accountable."

Ferguson's attorney, Peter Donati, did not immediately return a call seeking comment.

The longtime "Eric in the Morning" host left the station earlier this year after four women, including his former co-host Melissa McGurren, accused Ferguson of misconduct.

McGurren filed a $10 million lawsuit alleging management protected Ferguson.