Kelsey Berreth murder case: Patrick Frazee wants wrongful death suit dismissed
March 4, 2019 Denver Post
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Patrick Frazee, 32, filed a motion in Teller County District Court on Friday asking a judge to deny a claim by Berreth’s parents, Cheryl-Lee Ellen Berrethand Darrell Lynn Berreth, seeking custody of 1-year-old Kaylee.
The motion contests a second amended complaint by the Berreths seeking custody of their granddaughter. The first was made by Marcie McMinimee, a special conservator for Kaylee, the lawsuit filed by Colorado Springs attorney Jennifer Stock says.
Colorado’s wrongful death statute clearly states that the Berreths have no standing to make a legal claim based on the alleged wrongful death of Kelsey Berreth, the motion says.
“Only her living and surviving child, KF (Kaylee Frazee), has standing to bring a wrongful death claim,” it says. “In the original complaint, plaintiffs pled that the outrageous conduct of Mr. Frazee was the alleged killing and death of their daughter at his hands … But plaintiff’s attempt to save the claim fail and it must be dismissed.”
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“Patrick Frazee is entitled to dismissal because Kelsey Berreth has a daughter, which, in fact, precludes Kelsey Berreth’s parents from bringing a wrongful death claim against him. And Colorado law does not permit more than one civil suit for the death of one person,” the motion says.
A Teller County judge has repeatedly determined that the Berreths should retain temporary custody of Kaylee.