INDIANAPOLIS – One of three men who were with an Indiana University student when she disappeared in 2011 was dismissed Monday from a lawsuit seeking to hold them liable for her death.
Michael Beth offered 20-year-old Lauren Spierer a place to sleep after his roommate, Corey Rossman, brought her intoxicated to their apartment, U.S. District Judge Tanya Walton Pratt said. When Spierer refused, Beth escorted her down the hall to the apartment of Jason Rosenbaum.
Pratts ruling came after attorneys for Spierers parents, Charlene and Robert Spierer of Greenburgh, N.Y., and the three defendants debated defense motions to dismiss the lawsuit.
The Spierers sued the men for not ensuring that their incapacitated daughter returned safely to her apartment after a night of partying in Bloomington. They allege Rosenbaum provided alcoholic drinks at his apartment and Rossman did the same later at Kilroys Sports Bar in Bloomington.
Beths attorney, Greg Garrison, said Beth was working on a paper for a class when Spierer arrived, and he returned to that after taking her to Rosenbaums apartment, where thered been a party earlier that night.
Beths actions cannot create a duty for the womans welfare, Garrison argued. He said Spierer was responsible for her actions after she chose to leave Rosenbaums apartment.
She just walked away, and that cannot create any liability on their case, Garrison told Pratt.
Pratt said she likely would rule within a few weeks whether the lawsuit against Rossman and Rosenbaum can proceed.
No criminal charges have been filed in Spierers disappearance June 3, 2011, and theres been no sign of her despite numerous searches around Bloomington and the surrounding wooded countryside thats dotted with lakes and water-filled old limestone quarries about 40 miles south of Indianapolis.
The Spierers have long maintained the men havent fully cooperated with investigators.
The Spierers attorney, Jeanine Kerridge, argued that Rossman had an additional duty to the woman because he carried her past her own apartment while going to the apartment he and Beth shared.