Two of the defendants in a civil lawsuit filed by the parents of missing Indiana University student Lauren Spierer have responded to the suit‘s allegations.
Spierer disappeared June 3, 2011, after a night of drinking and partying in downtown Bloomington. The lawsuit alleges Corey Rossman, Jason Rosenbaum and Michael Beth were negligent in providing Spierer with alcohol despite signs of extreme intoxication and allowing her to walk home alone. That negligence, according to the suit, resulted in the disappearance, injury and death of Spierer.
Attorneys for Rosenbaum and Beth claim in separate responses filed Thursday that the lawsuit should be dismissed because Spierer‘s parents cannot prove their daughter has been injured or has died. The responses both cite Indiana law which says that a person can only be legally presumed dead if they have been missing for a continuous period of seven years.
The responses also claim that neither Beth nor Rosenbaum had a legal duty of care to Spierer. Beth‘s attorney claims he could not foresee Spierer‘s disappearance, that he escorted Spierer to Rosenbaum’s apartment and it was Rosenbaum who allowed Spierer to leave the apartment alone.
Rosenbaum‘s attorney claims that even if he had a legal duty to ensure Spierer‘s safety, her parents cannot claim negligence because it is legally presumed that Spierer is alive. Both defendants are asking the court to dismiss the lawsuit and the charges against them.
The lawsuit was originally filed in Monroe County on May 30. It was later moved to federal court in June.