A Douglas County lawsuit, alleging responsibility on a fraternity for the alcohol poisoning death of a freshman, has been “resolved to the satisfaction of all parties” on April 5, as reported by LJ World for The World Company.
The lawsuit was filed in 2009 against several defendants: Sigma Alpha Epsilon Fraternity chapter, its national association, the local housing corporation, president John Stacy, and others.
Attorney Stephen Gorney, on behalf the boy’s father, filed the lawsuit. Gorney’s prepared statement read, “Underage drinking should not have but did occur inside the Sigma Alpha Epsilon chapter house at KU. Said underage drinking included (J.W.) and other minors.
The parties are pleased that the (J.W.) Initiative will continue on a yearly basis and hope that the education it provides will assist in preventing similar tragedies.”
The student, J.W., 19, was found dead on March 8, 2009 at the Sigma Alpha Epsilon chapter house.
The lawsuit contended that members of the fraternity failed to seek medical care for J.W. though he had an apparent head injury and was visibly intoxicated.
J.W. allegedly acquired a false identification that allowed him to drink alcohol at a restaurant the night before he died. He then continued consuming alcohol at the fraternity.
The lawsuit was also filed against ten unnamed chapter members.
J.W.’s death was only one of several other alleged occurrences of underage drinking and KU.
J.W. was living as a pledge in the SAE house. He had been removed from a KU residence hall for violating the university’s alcohol policy.
In the autopsy, it was discovered that his blood alcohol level was more than four times the legal driving limit in Kansas – J.W.’s was 0.362 percent.
In April of 2010 the chapter received an alcohol violation. This prompted the chapter to expel almost 24 of its active members.
Attorneys for the fraternity and housing corporation used this information to argue against plaintiffs that claimed the chapter hadn’t changed it policies enough since J.W.’s death.
Though not official, both parties indicated to District Judge Michael Malone that they may be reaching a settlement.
This was the first public declaration, from both sides, that the suit has been resolved.
Court personnel could not confirm that the suit had been settled, as it must first be filed officially in district court.
The statement by Gorney did not disclose the terms of the settlement. And, when reached for comment, he declined to provide any other information.
The April 5 statement simply read, “The parties have no further comment on the resolution of this case.”
A seminar, named after J.W., is now conducted on the KU campus. Its goal is to educate students about underage drinking.
Over seven hundred people attended the seminar last year.
If you have lost a loved one in what you think may have been a wrongful death, contact a personal injury attorney from our directory to assist you. Oftentimes monetary compensation is deemed appropriate and is awarded.