Kristin Smart’s family attempted to file a lawsuit against Cal Poly San Luis Obispo earlier this year.
The lawsuit alleges negligence, negligent infliction of emotional distress, and wrongful death, alleging that Cal Poly failed the Smart family in a multitude of ways in the investigation for Smart’s initial disappearance.
In a court filing on April 2nd, Cal Poly claims that the lawsuit lacks proof of liability, and is barred by both statute of limitations and a previous lawsuit the Smart family filed in 1996. The statute of limitations refer to negligence and wrongful death causes of action having a two-year limitation, and the government claims act requiring that a claim for injury must be filed within six months of an incident.
Additionally, the Smart family attempted to file a lawsuit in 1996, but lost the case, which Cal Poly argues should bar their current claims in court.
A hearing is scheduled for August 15th.
