Fiance of missing mom wants wrongful death lawsuit against him dismissed
The fiancé of missing Colorado mother Kelsey Berreth is arguing to have a federal wrongful death lawsuit against him dismissed, claiming that Berreth's parents do not have legal standing to sue him.
The motion was filed Monday by Patrick Frazee’s legal team in response to a federal wrongful death lawsuit brought against him by Berreth’s parents, Cheryl and Darrell Berreth.
"Under Colorado law, parents can only bring a lawsuit if there is no living spouse or child," Frazee’s attorney, Jennifer Stock, told ABC News.
"When a decedent has either a surviving spouse or child, the decedent’s parents do not have standing to bring a claim of wrongful death," Frazee’s motion says. "Here, decedent Kelsey Berreth is survived by her one year old daughter. Therefore, plaintiff parents lack standing to bring a wrongful death lawsuit against the defendant."