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Court rules in favor of fraternity in lawsuit following assault

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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.
 

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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