(BLOOMINGTON) - In a motion filed Monday, the attorneys for Jason Rosenbaum and Corey Rossman, who were both with Lauren Spierer the night she disappeared, say they were not responsible for her care and played no role in her disappearance.
They are asking U.S. District Court Judge Tanya Walton Pratt to rule in favor of the men, and to assess the cost of the court action to the Spierers.
Instead, the attorneys claim Spierer was responsible for her own actions and that Kilroy's Sports Bar, where she was drinking illegally is at fault for whatever happened.
Kilroy is not a party to the lawsuit brought against three men who the Spierer's believe played a part in the disappearance and possible death of their daughter.
On Tuesday Rossman's lawyer Dane Mize, filed a second motion asking that the lawsuit be dismissed against her client under what's called Dram Shop liability which holds businesses that serve alcoholic beverages to obviously intoxicated or underage patrons liable for that person's action.
"For Dram Shop liability, the court would need to accept as true the allegations that Lauren Spierer is deceased and that her intoxication was the proximate cause of her alleged death," Mize wrote. "If plaintiffs had any facts to support proximate cause related to intoxication, they would have sued Kilroy's, the bar that allowed their underage daughter in and served her alcohol. They have not sued Kilroy's because they have no such facts."
In December, Judge Pratt dismissed allegations against Michael Beth, another man the Spierers had named responsible for what happened Spierer. Judge Pratt determined Beth had no duty under the law to care for Spierer or monitor what happened to her.
Spierer was reportedly last seen about 4:30 a.m. on June 3, 2011, at the intersection of 11th Street and College Avenue, walking home alone toward her Smallwood Plaza apartment.
Spierer was 20 at the time of her disappearance. Friday, Jan. 17, would have been her 23rd birthday.
"Two and a half years later we remain just as determined as ever to pursue every avenue until we find the answers behind Lauren's disappearance. We will not be deterred, we will never give up, we are proceeding with the same tenacity we have had since June 3, 2011. As always, we are grateful for the kind words and continued support. With heartfelt appreciation,"
Rob, Charlene and Rebecca
Anyone with information about Lauren's disappearance can contact the Bloomington Police Department. The family has offered a reward and tips can be left anonymously.
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