Apparently, the Judge who is presiding over Kelly Hyland’s lawsuit against Abby Lee Miller has never actually watched Dance Moms. Or maybe she did, and while she knows that Abby is nothing but hateful and cruel to her poor, sweet students (Maddie excepted, of course), Her Honor knows that the mothers featured on the Lifetime hit are every bit as crazy and ridiculous.
Whatever the case (no pun intended!), Kelly’s allegations of defamation and the infliction of emotional distress against Abby have been booted from her original complaint. The suit alleging $5 million in damages is still going forward, but it is now focusing on the remainder of Kelly’s claims, including negligence and breach of contract. I can’t wait to see how this plays out in court, y’all!
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According to The Hollywood Reporter, Superior Court judge Ruth Ann Kwan decided to allow the suit to go forward after dismissing the claims of emotional distress and defamation. Kelly’s complaint alleges that daughters Brooke and Paige both suffered emotionally at the hands of Abby. She cites that Paige suffered panic attacks after constantly being berated by her dance teacher, including the time that Abby threw a chair in a fit of rage while critiquing Paige’s routine.
Judge Kwan wasn’t convinced that Abby was the sole reason behind Paige’s condition as there is no psychiatric evaluation to prove it, stating, “That’s assuming nothing else goes on in the life of a young child.”
Also off the table? Kelly’s assertion that Abby defamed her by calling her a bad mother and a drunk, and Abby’s statement that Kelly pulled out handfuls of Abby’s hair during that epic backstage battle that ended in Kelly’s arrest for assault. Kwan reasons that Abby’s statements are simply opinions and not necessarily founded in fact. As to the hair pulling issue, Judge Kwan believed that the jury would have a difficult time reaching the conclusion of defamation given the burden of proof. Clumps of hair, hair pulling. Potatoes, po-tat-oes.
Kelly’s breach of contract claim is still a go, as are several others. Kelly states in her complaint that she and her daughters are owed for the times that they were required to be available “at [Collins’] beck and call.” Paige’s separate assault suit against Abby is still scheduled for a jury trial in April of 2016.
Perhaps Kelly should remind Judge Kwan that she and her girls are STILL a part of the Dance Moms opening a season after being fired. That’s got to be worth something, right?
TELL US-DO YOU THINK THE JUDGE SHOULD HAVE DISMISSED THE DEFAMATION AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CLAIMS?
[Photo Credit: WENN]
