Judge: Spierer lawsuit can proceed - 13 WTHR Indianapolis

Judge: Spierer lawsuit can proceed

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INDIANAPOLIS -

A federal judge will allow a lawsuit to proceed against two men who were with Indiana University student Lauren Spierer on the night she disappeared.

Corey Rossman and Jay Rosenbaum had sought to have civil claims dismissed in a wrongful death suit filed by Robert and Charlene Spierer. The Spierers sought the lawsuit against three men, hoping it would help them find out what happened to their daughter two and a half years ago.

In the ruling published Monday, US District Court Judge Tanya Walton Pratt said that "the Spierers' claims of negligence per se and Dram Shop liability have survived the initial hurdle of a motion to dismiss. Whether or not these claims can survive summary judgment is a matter for another day. Accordingly, the Court grants Rossman's and Rosenbaum's motions to dismiss Count I of the Spierers' complaint for common law negligence brought under the Child Wrongful Death Statute and for common law loss of a child's service. The Court denies Rossman's and Rosenbaum's motions to dismiss on Counts II and III of the Spierers' complaint for negligence per se and Dram Shop liability."

Pratt dismissed the case against Michael Beth earlier this month.

Spierer has been missing since June 3, 2011.

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