Spierer family asks judge to reject motion to dismiss lawsuit

Spierers: Enough evidence to prove death

INDIANAPOLIS - The parents of Lauren Spierer filed papers to ask a judge to allow the federal lawsuit in the disappearance of their daughter to continue to move forward.

In the papers filed Thursday, her parents said they have enough evidence to prove their daughter is dead.

“Circumstantial evidence that a jury can use to conclude that Lauren passed away -- namely that after being last seen in an incapacitated state with the defendants, Lauren never has been located, despite multiple intensive searches, a thorough investigation, reviews of video surveillance tapes from the area and no affirmative contact with her close family and friends for over two years,” the court documents said.

The Spierers argued that Indiana law does not require a person to be missing for seven years before being considered legally dead.

Defendants Jay Rosenbaum, Corey Rossman and Michael Beth made that argument in July.

They are the last three people known to have seen Spierer before she disappeared more than two years ago.

“Simply because the defendants raise the prospect of other contributing causes to Lauren’s disappearance, injury and death, that does not absolve them from their own responsibility,” the court documents said.

The Spierers want the case to move to the discovery phase, which would allow them to ask questions about the night Spierer disappeared.

In Thursday’s filing, her parents said the three men have sought to avoid answering critical questions in the police investigation, and to no surprise, they now seek to avoid discovery in the case.

“There can be no doubt that given Lauren’s physical and mental condition the night of June 2, 2011 and the morning of June 3, 2011, a jury can reasonably find that she was in peril, these defendants were in a position to assist her, and they therefore owed her a duty of care as a result,” the papers said. “But for the failure of the defendants to exercise their duties of care in a reasonable manner, Lauren would not have disappeared or suffered the injuries that led to her death on the morning of June 3, 2011.”

The papers said the Spierers would, of course, welcome any contrary evidence from the defendants that suggests Spierer is still alive.

The case is set for a hearing in federal court later in August.

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