A federal judge is allowing part of the lawsuit filed by the parents of missing Indiana University student Lauren Spierer to proceed. Judge Tanya Walton Pratt issued a ruling Monday denying part of a motion to dismiss by defendants Jason Rosenbaum and Corey Rossman.
The defendants each face counts of “negligence per se” and violation of the Indiana Dram Shop Act, stating they are liable for any damage to Lauren Spierer because they served her alcoholic beverages when she was already intoxicated.
However, Pratt granted the defendants‘ motions to dismiss on the count of the Spierers’ complaint under the Child Wrongful Death Statute. The Spierers’ claimed “loss of a child‘s services,” however Pratt dismissed the count because the Spierers’ claimed in the lawsuit that Lauren was an adult. In her ruling, Pratt said the Spierers’ claims of “negligence per se” and Dram Shop liability have simply survived the initial hurdle of a motion to dismiss. However, she said, “whether or not these claims can survive summary judgment is a matter for another day.”
Earlier this month, Pratt dismissed the Spierers’ negligence lawsuit against a third defendant, Michael Beth. Pratt agreed with Beth‘s attorney in rejecting the Spierers’ argument that Beth took on a duty to ensure Lauren‘s safety.