Monday, May 7, 2012

Sigma Chi fraternity responds to summer lawsuit (w/documents)

By on September 28, 2009

Court documents
Editor in Chief
Court documents

The University chapter of the Sigma Chi fraternity said they aren’t responsible for severe injuries sustained by a party guest because she acted irresponsibly.

In documents filed with Athens-Clarke County Superior Court Thursday, Sigma Chi said the guest “failed to exercise ordinary care for her own safety and is not entitled to a recovery.”

These papers were filed in response to a lawsuit brought against the fraternity after a guest fell from a fraternity member’s loft bed during a party. The fall led to several injuries, including nerve damage, severe head damage and damage to 19 teeth.

According to court documents filed by all parties involved in the lawsuit, the guest, a then 19-year-old student at another university, was invited to the party by one of the fraternity members. Although her hand was marked to indicate she was underage, she was given several alcoholic drinks to the point where she became highly intoxicated.

The fraternity member took her to his room, undressed her, then left her alone in his loft bed for 45 minutes.

When he returned, he found her on the ground severely injured. He checked her pulse, then, rather than calling an ambulance, got another fraternity member to help dress her and take her to the hospital.

Because there was no guard rail on the bed, the girl is requesting the fraternity to cover her medical expenses – in excess of $100,000. The girl is claiming the fraternity acted negligently and violated safety regulations.

Documents filed by the fraternity point out she is not claiming any violation of alcohol policy or sexual misconduct.

Should the girl’s allegations be proven, the fraternity may have to pay damages without the help of their insurance company.

According to documents filed by the company, the fraternity was not following risk management policies or the fraternity’s own safety policies.

Also, fraternity members were not fulfilling their duties as hosts and therefore the girl’s medical expenses will not be covered by their insurance.

Sigma Chi claims the fraternity “at all times complied with its duties under the contract of insurance” and “followed the rules and procedures necessary for the maintenance of insurance coverage.”

They also claim Sigma Chi as an organization was not in violation of policies, just “one or more of its members were.”

Right now, the University has put Sigma Chi on probation, and members of the fraternity will be required to attend several education programs.

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