The family of Audrie Pott, who committed suicide after she was reportedly sexually assaulted and a photo of the act was shared with classmates via text messages is planning to file a civil action against the three boys arrested.
The three teenagers are now expected to face a wrongful death suit on top of the criminal charges.
The wrongful death lawsuit was filed in Santa Clara County Superior Monday afternoon against three boys accused of sexually assaulting suicide victim Audrie Pott and the owners of the home where the alleged crime occurred.
In the complaint, Audrie's parents, Sheila and Lawrence Pott, accuse the teens and the homeowners, Michael and Sheila Penuen of negligence, inflicting emotional distress, defamation, invasion of privacy, false imprisonment, battery, sexual battery, intentional infliction of emotional distress and conspiracy, and seeks damages in excess of $25,000.
According to the lawsuit, Audrie was invited by the Penuens' minor daughter to be a house guest at the party while her parents were out of town during the holiday. The parents claim they believed that their daughter would be a house guest at Audrie's home, but never consulted with the Potts if that was okay before leaving their home to their teenage daughter.
The suit claims that due to the defendants' negligence, the Potts were deprived of the love and companionship of their daughter, had to employ physicians to care for her after the suicide attempt, incurred expenses for a funeral and burial, and that Sheila Pott has sought medical and psychological treatment and counseling for the "severe emotional distress sustained in finding her daughter's limp body and ensuing efforts to revive her ..."
In a wrongful death suit, immediate family members can get financial compensation when a person is killed due to someone's negligence or misconduct. It's meant to help the grieving family deal with the current and future expenses of loss. Our hearts go to the Potts family, we are very sorry for your loss.
When a loved one dies unexpectedly, survivors have not had time to prepare themselves for the shock and grief. When that death was caused by the negligent actions of another, survivors need answers. For more than 25 years, the lawyers at the California law firm of Peach & Weathers have been helping those left behind after a wrongful death. We provide a free initial consultation so that people can learn about their rights and options.