Missing Colorado Mom Update: Kelsey Berreth's Fiancé Wants Wrongful Death Lawsuit Dismissed
"While the decision of the court is yet to come,
even if the lawsuit is dismissed Berreth's parents can still file again on behalf of Kaylee. Earlier this month, a court ruled that one-year-old Kaylee would remain in the custody of Cheryl and Darrell Berreth, and child protective services.
Frazee's lawyers also claimed in the motion that the Berreths did not suffer any emotional distress, and thus the damages related to the claim be dismissed from the case.
In the wrongful death lawsuit the Berreths claimed that Frazee "enacted physical, mental, and emotional acts of violence upon Kelsey Berreth prior to her death." It also stated that "when Frazee acted as either the perpetrator or accessory to the murder of Kelsey Berreth, Frazee breached the duty of care with which a reasonable person should conduct himself toward another human being."
(I personally find that extremely offensive that the Berreths did not suffer any emotional distress, REALLY?)