Drunk sues ATO-TX for $25 mil
 

Jan. 15, 2005, 4:37PM

Belly-flop at UT frat party spurs lawsuit
Associated Press


AUSTIN -- A former University of Texas fraternity member is seeking $25 million in a lawsuit against the fraternity after being paralyzed following a belly-flop into a wading pool built by his fellow members for a party.


Wesley Holloway, 20, is suing the fraternity for negligence, claiming that Alpha Tau Omega built an unlicensed pool that lacked proper design, lighting, warning signs and other things required under city ordinances, according to the lawsuit.

In May 2003, the group had filled one of its rooms with foam and built a pool in the back yard so partygoers could wash off the foam, according to the lawsuit.

The pool contained about a foot of water and was built with hay bales and sheets of plastic, the lawsuit said.

Holloway's lawyer, Robert Alden, said his client had about four beers before arriving at the party, where he climbed on top of a picnic table and belly-flopped into the pool. Alden said Holloway broke his neck when the top of his head hit a hay bale.

"He was successful in doing a belly-flop and keeping his head up. He didn't know how far he would travel once he hit, or the fact if he hit the hay bales it would break his neck," Alden said.

Holloway, a competitive swimmer in high school, had to take a year off from school for physical therapy, Alden said. He is now paralyzed except for his shoulders and his biceps, the lawyer said.

Holloway said during a deposition that he knew diving into the shallow pool could break his neck because he had worked as a lifeguard, said the fraternity's lawyer, Jim Ewbank.

"All of his frat brothers feel terrible that it happened, but legally speaking, we think that he was responsible for this," Ewbank said.

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That really sucks but I think that even after 4 beers I'd have enough common sense than to dive into a homemade pool.

ATO got kicked off at UT in the mid 1980's sad that they didn't learn.
Still. don't you think the guy was negligent as well.

How can this guy sue when he jumped into the pool and it doesnt sound like he was forced to???

You can sue for anything, but that doesn't mean that he will win. From what this article says and his lawyers retarded statement of why his client isn't at fault, I think he will have a hard time proving negligence. Hell he was probably there when they built it.

In my area, if a pool is too shallow for diving, there needs to be a "No Diving" sign posted to be up to code. I would say that this "pool" didn't meet a whole lot of code regulations, which could cause problems. I do think the kid is just stupid for doing that, but the whole pool idea wasn't a great one either...

Dee

it amazes me that no one had the forethought to realize, hey, this might be a dumb idea, not to mention a risk management issue!

Umm am I only one that read the pool was for CLEANING OFF FOAM not for swimming. It wouldn't need to be up to code it would just need to be a big puddle of water so they could clean up. But hey as someone stated you can so for anything but why jumping into a hay pool seemed interesting is beyond me.

what's wrong with a hose? Could get you cleaner than a makeshift pool full of diluted foamy water.

Not a thing unless you're being cheap and don't want to run up the water bill lol. Either way no one should have thought diving into it would be a good idea.

Sue Happy Society! Oh, cannot be That individuals Fault!:(

He was stupid, but not his fault!:mad: Oh, Stupidity is not a reason for getting hurt.

Damn four beers, what a woos!:mad:

Mamma and Daddy or going to sue for Sons Dumbness!

where do these people come up with 25 million anyway? I wonder what kind of negligence jurisdiction this is...

It doesn't surprise me.

His biological brother sued ATO the year before after jumping into the kitchen sink. He was upset that the brothers at ATO did not put up signs and force him to stop his belly flop from the kitchen cabinets into the sink.

-Rudey

There is no way on God's green earth that he's going to get $25 million for this. That's a strategic request. Even if the stars are aligned against ATO -- if this was a pool under the local definition, etc. -- I don't think there's a jurisdiction in the country that will not reduce a damage award for this kind of active stupidity, especially since the "victim" admitted that he was a lifeguard and knew that diving into a shallow pool could break your neck.

Upon re-reading the article, I noticed another item that nobody else has pointed out yet.

The 20 year old had 4 beers before arriving at the party... Why aren't they going after whoever provided this minor alcohol? Oh gee, whoever provided it probably doesn't have liability insurance to pay him off, huh?