Kristin Smart’s family files lawsuit against Cal Poly San Luis Obispo, citing negligence in original investigation

SAN LUIS OBISPO, Calif. (KION-TV)- On Thursday, the family of Kristen Smart has filed a lawsuit against Cal Poly San Luis Obispo.

The lawsuit lists three complaints against the university which includes negligence, negligent infliction of emotional distress, and wrongful death.

In May 1996, Smart disappeared from an off-campus party while she was a freshman student at Cal Poly SLO.

Paul Flores who was a former classmate of Smart, was convicted of her murder in 2022 in a Salinas courtroom.

Paul's father Ruben Flores was found not guilty of being an accessory after the fact by a separate jury. Her body has yet to be found.

The university did issue a public apology in 2023 for how it handled the initial investigation.

The lawsuit also alleges that Cal Poly could have prevented her murder if they properly investigated and disciplined him after a series of harassment incidents reported to the school.

Smart's family is seeking monetary damages from the university.

Cal Poly declined to comment to our sister station KEYT on pending legal matters when reached for comment about the complaint.

KEYT reached out to the law firm representing the Smart family for comment, but have not yet received a response.