ST. LOUIS (KTVI) – A lawsuit involving the death of Pam Hupp’s mom has been dismissed. It involved the mysterious Halloween night fatal fall of Shirley Neumann.
Michael Neumann, Hupp’s brother, filed the civil lawsuit was filed in 2015. Attorney Dan Defeo said Neumann dropped the suit partly because of all the media coverage surrounding Hupp. The suit can still be re-filed within the year and Defeo said he believes the case has merit.
Shirley Neumann fell from her third-floor apartment balcony at a Fenton senior living community on October 31, 2013. The top railing remained intact, but there was damage to the vertical bars. Several police photos show six vertical rails appearing to be bent nearly uniformly.
St. Louis County police twice ruled the fall an accident, but officers are now reviewing the case for a third time.
Fox 2 News spoke exclusively to Pam Hupp about her mother’s death just three months after the fall. Even police haven’t interviewed her about it. It was January 2014 and it is the only recorded interview of what Hupp said may have happened.
Hayes: How did your Mom die?
Hupp: How did my Mom die?
Hupp: What do you mean?
Hayes: What happened?
Hupp: (pauses) She died.
Later Hupp continued...
Hupp: The people in the home say she committed suicide, so I’m not quite sure what’s going on.
Hayes: Really? Oh, I’m sorry to hear that. I mean, just, jumped?
Hupp: Well, I don’t know cause, we don’t know what`s going on so
Hayes: Was she suicidal?
Hupp: I don’t think so. I don’t know. How do you know with an Alzheimer’s patient?
Defeo insisted there’s a problem with the railing and believes the manufacturer has even made it safer since the accident. Fox 2 has confirmed no changes have been made to the railings at the Fenton retirement living center.
An attorney for the railing manufacturer named in the lawsuit said his client shouldn’t have even been sued because the actual maker isn’t even around anymore.