ILNews

Justices affirm judgment in favor of national fraternity in wrongful death action

Back to TopCommentsE-mailPrintBookmark and Share

A national fraternity assumed no duty to protect local chapter pledges and is not vicariously liable for the negligence of local chapter officers and representatives, the Indiana Supreme Court ruled Wednesday. The justices affirmed summary judgment for Delta Tau Delta in a wrongful death action brought by a deceased pledge’s family.

Johnny Dupree Smith, a freshman pledge of the Beta Psi Chapter of Delta Tau Delta, died of acute alcohol intoxication after drinking heavily at the fraternity house at Wabash College. His parents sued the national fraternity, the local chapter, Wabash College and others. The trial court granted the national fraternity’s motion for summary judgment, and the Court of Appeals affirmed in part but reversed the grant of summary judgment.

The justices examined the issues brought by Smith’s family in light of its recent decision in Yost v. Wabash College, 3 N.E.3d 509 (Ind. 2014).

The Smiths argued two claims on appeal: that certain evidence designated by Delta Tau Delta should be stricken and there are genuine issues of material fact as to whether the national fraternity assumed a duty to protect the local chapter pledges and whether it is vicariously liable for the negligence of local chapter officers and representatives.

The justices decided that they may consider the affidavit of the executive vice president of the national fraternity but not the purported interview transcripts by police in evaluating Delta Tau Delta’s motion for summary judgment.

The Supreme Court, citing previous cases dealing with national fraternity liability for local chapter activities, including Yost, found there is no designated evidentiary material showing Delta Tau Delta had a right to exercise direct day-to-day oversight and control over the activities of the local fraternity and its members, Chief Justice Brent Dickson wrote. Just as in Yost, the specific duty undertaken in regard to the policies on hazing and underage and irresponsible drinking was an educational one without any power of preventative control.

The justices also found as a matter of law that an agency relationship does not exist between the national fraternity and the Wabash chapter or its members.

“Although subject to remedial sanctions, in their choice of conduct and behavior, the local fraternity and its members were not acting on behalf of the national fraternity and were not subject to its control,” he wrote. “The national fraternity is not subject to vicarious liability for the actions of the local fraternity, its officers or its members.”

The case is Stacy Smith and Robert Smith, Individually and as Co-Personal Representatives of the Estate of Johnny Dupree Smith, Deceased v. Delta Tau Dalta, Inc. and Beta Psi Chapter of Delta Tau Delta, et al., 54S01-1405-CT-356.
 

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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

ADVERTISEMENT