ILNews

Court rules in favor of fraternity in lawsuit following assault

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has affirmed summary judgment in favor of a fraternity whose members lived in a Terre Haute private residence where a man visiting for a party was assaulted. The victim claimed the fraternity should be liable because members of the college chapter hosted the party.

Andrew Rogers traveled from Northwestern University to Terre Haute to attend a birthday party at the home of defendants Ancil Jackson, Brian Mifflin Jr. and Joshua Kearby. They were members of Sigma Chi, but did not live in a Sigma Chi-owned property because the chapter’s house was repossessed. All members lived on campus or in private residences. Some items from the fraternity were stored at the defendants’ home to be used during meetings at an on-campus location.

While at the party, Rogers, who was intoxicated, was punched in the eye by Dana Scifres. The defendants weren’t home when the assault took place. Rogers is appealing the grant of summary judgment in favor of Sigma Chi International, its Terre Haute chapter and Jackson, Mifflin Jr. and Kearby.

On appeal, he argued that Sigma Chi had a duty to protect him under premises liability principles because the chapter had possession of the premises where he was injured; the defendants had a duty to protect him under negligence principles because the assault was foreseeable or because the defendants assumed such a duty; and the International fraternity was vicariously liable for the acts of everyone at the residence because it had apparent authority over them as Sigma Chi’s agents.

The Court of Appeals rejected all of his claims in Andrew J. Rogers v. Sigma Chi International Fraternity, Theta Pi of Sigma Chi, Ancil Jackson, Brian Mifflin, Jr., and Joshua Kearby, 84A04-1305-CT-224. Sigma Chi did not control the premises, so summary judgment was appropriate, the court held. The party invitation explicitly said the party was not a rush event and non-fraternity brothers lived in the house. Chapter business was not conducted there.

The attack on Rogers was not foreseeable, so the defendants had no duty to protect him, Judge Melissa May wrote. Another roommate threw the party and invited both Rogers and his attacker, Scifres. Rogers even admitted he didn’t think anyone could have anticipated the assault would occur. The defendants also did not assume a duty to protect Rogers against an attack.

And regarding his claim to Sigma Chi’s vicarious liability, “We decline to hold the presence of fraternity materials in a private residence amounts to a manifestation by an international fraternity that the tenants of that residence are acting as the fraternity’s agents. Summary judgment for the defendants on that ground was not error,” May wrote.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT