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November 30, 2008

Judge Reverses $16-Million Judgment Against U. of Texas Fraternity

A state judge in Texas has set aside his own ruling that had ordered a University of Texas at Austin fraternity chapter and its national parent organization to pay $16.2-million to the parents of a freshman pledge who died in a drinking-related fall, the Austin American-Statesman reported.

The judge, John Dietz, issued the default judgment in October after the fraternity failed to respond to a lawsuit filed by the student’s parents in September. But the fraternity chapter and organization were allowed to seek a new trial if they could explain why they had not responded to the suit, the Austin newspaper reported.

A lawyer for the fraternity groups said in a news release last week that the court had accepted their explanation and that a trial would now proceed as if the default judgment had not been entered.

The lawsuit concerns the death of Tyler Cross, who died in 2006 after falling from a fifth-floor balcony at his off-campus apartment while drunk. Investigators said his death followed a night of hazing by members of Sigma Alpha Epsilon. —Charles Huckabee

Posted on Sunday November 30, 2008 | Permalink |

Comments

  1. It is important to get the cause and effect correct in this case. Hazing should not be tolerated. However, private drinking with friends in a private home is a legal right. Let’s hope the fraternity stops hazing and did not sponsor a drinking party at a private home.

    — LJ    Dec 1, 10:36 AM    #

  2. Word. The classical legal “negligence” paradigm may apply: Duty – Breach – Causation – Damages.

    Does an alcohol-serving entity have a duty to protect those they serve them from their own drunken antics?

    I’m sure there are many different opinions on that…

    — David    Dec 1, 12:05 PM    #

  3. I’d love to know what their explanation for failing to respond was.

    — anonymous    Dec 1, 02:31 PM    #

  4. The fraternity’s lawyer said the failure to respond was an “accident” and the Austin paper said he fell from a balcony at an off campus “dormitory”.

    — Kathy    Dec 1, 03:25 PM    #