Cal Poly University has filed a demurrer in response to a lawsuit accusing the university of wrongful death, negligence, and negligent infliction of emotional distress in the case of Kristin Smart. Smart was murdered in 1996 after a Cal Poly frat party, and her body has never been found.
In an attempt to get the San Luis Obispo Superior Court to toss a lawsuit accusing Cal Poly of wrongful death , negligence and negligent infliction of emotional distress in the death of Kristin Smart , the university filed a demurrer. Demurrer means “so what,” it doesn’t matter if everything in a complaint is accurate, the plaintiff has no case.
The Smart family filed a lawsuit in January that accuses Cal Poly of failing its legal duties because it “did not pursue a missing person case promptly, did not interview witnesses timely, did not seal the primary suspect’s dorm room as a crime scene, allowed the suspect’s room to be sanitized and cleaned before it was searched, and did not search the suspect’s room until sixteen days after Smart disappeared.
On April 2, on behalf of Cal Poly, the Office of the Attorney General of California asked the court to reject the suit because it fails to provide a statutory basis for liability, lacks standing to sue and is barred by immunity. “While the statement by President Armstrong is mentioned three times in the complaint, none of the factual assertions that are the basis for the causes of action are attributed to that statement,” according to the demurrer. “The statement did not cause the alleged failure to investigate or the murder.”“Family members such as parents or siblings, cannot bring negligence causes of action based on a harm suffered by that family member,” according to the demurrer.
Cal Poly Lawsuit Wrongful Death Negligence Negligent Infliction Of Emotional Distress Kristin Smart Murder Demurrer
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