Lawsuit dismissed in case of Pam Hupp's mother's death - KMOV.com

Lawsuit dismissed in case of Pam Hupp's mother's death

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A view from the balcony where Shirley Neumann lived (Evidence photo obtained by KMOV) A view from the balcony where Shirley Neumann lived (Evidence photo obtained by KMOV)

ST. LOUIS (KMOV.com) -- Case dismissed. That’s the current end to a lawsuit after an elderly woman fell to her death over a retirement home balcony.

Her death has been clouded in mystery, all because of her daughter Pam Hupp, who is involved in the cases of two other people who were allegedly murdered.

Hupp is accused in a bizarre murder plot in St Charles County and was a key figure in a murder case in Lincoln County too.

In 2013, Hupp’s mother, 77-year-old Shirley Neumann fell from her third floor balcony of her independent living facility in Fenton.

Hupp was the last person to see her mother alive.

Police ruled the death accidental and Hupp's brother filed a wrongful death suit against the home and the railing companies. Some experts we talked to though suggested foul play may have been a factor.

GRAPHIC: Photos from scene of Pam Hupp's mother's death raises questions

Tuesday, the lawsuit was dismissed by the brother's attorneys. That’s a signal to defense attorney Joel Schwartz, who’s involved in one of the murder cases. 

"It says to me that it's a merit-less claim and I felt from day one it didn't have merit,” Schwartz said. “I think it's pretty obvious that the railing had to have been forced, rather than someone breaking it and falling through.”

But News 4 spoke with the attorney who filed the lawsuit. They said the lawsuit does have merit and they still believe the railings are faulty and a bad design that could put other seniors at risk.

They said they simply wanted to put the lawsuit on “pause,” to reserve the right to refile it later.

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