The Higher Regional Court of Bamberg has upheld the dismissal of a pain and suffering lawsuit brought by the mother of Peggy K., a victim of homicide. In a statement released Thursday, the court found that the plaintiff failed to provide sufficient evidence demonstrating the defendant’s involvement in transporting her daughter’s remains to a forest in Thuringia. The court affirmed that the initial assessment of evidence by the Regional Court of Hof was conducted without legal error.
The Higher Regional Court emphasized that a partial confession made by the defendant during criminal proceedings could not be considered within the civil lawsuit. The court determined this confession was obtained under duress, contained internal inconsistencies and was, in part, objectively inaccurate. Furthermore, it asserted the statement lacked crucial details indicative of the defendant’s direct knowledge of the specifics of the event.
The appellate ruling is not yet final and binding. The Regional Court of Hof originally dismissed the claim in June 2024.