Kristin Smart’s Family Sues Cal Poly for Negligence

Updated billboard for Kristin Smart in San Luis Obispo (courtesy)

The family of Kristin Smart has filed a lawsuit against Cal Poly San Luis Obispo.

The lawsuit cites negligence, negligent infliction of emotional distress, and wrongful death.

Smart was a freshman at Cal Poly when she disappeared after an off-campus party during Memorial Day weekend in 1996. Her body has yet to be found.

Former classmate and long suspected person of interest, Paul Flores, was convicted of Smart’s murder in 2022. Paul’s father Ruben Flores was found not guilty for being an accessory after the fact.

Last year Cal Poly issued a public apology for how the school’s police department initially handled the investigation into Smart’s disappearance. Smart’s friends and family were quick to report her missing, but campus police wanted to wait until after Memorial Day Weekend to take a missing persons report, according to the lawsuit.

The lawsuit also alleges the school didn’t interview witnesses in a timely manner, didn’t search Flores’ dorm room until over two weeks after Smart’s disappearance, and didn’t properly discipline Flores after numerous previous harassment reports.

“Cal Poly’s failures are indefensible, and it must be held accountable to prevent this cycle of callous negligence from ever occurring again,” the lawsuit states.

Smart’s family is seeking monetary damages from the school.

“There is no question that Cal Poly failed our daughter, Kristin Smart, in multiple ways before and after her tragic murder by Paul Flores. Had the university acted properly, conducted a thorough investigation into Flores’ past concerning behavior, and implemented appropriate disciplinary measures, Kristin would likely still be alive today,” the Smart family said in a statement.

Edhat Staff

Written by Edhat Staff

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