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‘Dance Moms’ Abby Lee Miller

DanceMoms-e1359441548310 copyA judge today dismissed a lawsuit brought by the teenage daughter of former “Dance Moms” cast member Kelly Hyland, ruling that there was no evidence the plaintiff was a victim of an assault by her instructor.

Los Angeles Superior Court Judge Ruth Kwan said she reviewed footage of the show and did not believe the girl’s claim that she had a legitimate fear of being injured by teacher Abigail Lee Miller, who the plaintiff sued last Oct. 9.

Paige Hyland’s attorneys maintained that in April 2012, Miller threw a chair in her direction during the show’s second season, causing the girl to run from the room in fear she would be hurt by her instructor.

The suit also alleged Miller “insulted and abused Paige, then 13, on an almost daily basis, including cruel name calling, insults about Paige’s physical appearance and making offensive false and defamatory accusations about Paige’s family.”

The suit stated that the teen received medical treatment for panic attacks and anxiety because of the alleged abuses.

“All of this was part of a deliberate scheme by the producers to generate interest in the television show and strong ratings when each episode airs,” Paige Hyland’s attorneys’ court papers stated.

Miller’s attorneys stated in their court papers that their client “simply pushed the chair over” during shooting of the episode.

“There simply was no assault,” according to Miller’s lawyers’ court papers. “Indeed, (Paige) continued to dance in Miller’s studio for a year and a half after the incident.”

Miller, 48, began shooting her Lifetime series featuring Kelly Hyland and daughters Paige and 16-year-old Brooke, along with several other mother- daughter duos, in 2011.

Kelly Hyland, 43, filed her own lawsuit against Miller and the show’s producers, Collins Avenue Entertainment LLC, in February 2014 after a dance- related brawl in New York the year before.

In November, Kwan dismissed Kelly Hyland’s defamation claims Miller and Collins Avenue Entertainment on free-speech grounds. However, Kwan said Kelly Hyland could move forward with her other claims against Collins alleging breach of contract, declaratory relief and negligence.

Kelly Hyland alleged that Miller defamed her by falsely accusing her of pulling out clumps of the dance coach’s hair in a brawl that aired as part of an episode in 2013, and that Collins shared responsibility for the damage to Hyland’s reputation. Kelly Hyland also alleged that the “Dance Moms” production crew’s negligence caused $21,000 in damage to the floor of her home.

Attorney Michael Shapiro, who represents both mother and daughter, said Kelly Hyland is appealing the dismissal of the defamation claims and that an appeal of today’s ruling on her daughter’s case also will be considered.

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