justalayman
Senior Member
Suing whom? Nothing you have said even hints at a cause of action but you would have no standing to sue a way. It would be your son, if anybody, that would have standingI expect him to either be dismissed from the suit or found not responsible if we would have to appear. However, my main concern is how they determined what they are saying happened in the court documents they sent me. They are making the boys out to be criminals, when in fact, it was all explained to the hotel seconds/minutes after it happened and I went there that night and verified everything and saw what had happened.
I have a feeling someone from the school's insurance company has misled/stated what happened. Once I find out who is telling the hotel's attorney this nonsense, I will look into suing them.
The schools insurance company has no first hand knowledge of anything. Additionally if this was a school sponsored trip they may very well have liability here regardless of how this happened.
As to possibly being dismissed; unless your son files the proper motions and that causes an evidentiary hearing to provide adequate information for the court to dismiss your son, he is not going to be dismissed. On the face of the case there is nothing improper with including him as a defendant.
Whether he will be exonerated and as such not held liable for anything, that will be determined in court or the process leading up to a trial.
You also have to understand that the claims in a suit are based on allegations. It is not unusual for a plaintiff to make claims that may not be sustainable. That is the purpose of the trial.
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