[DeltAlum]

Just in case anyone doesn't believe what we've been saying about liability, please read the story below from Fraternal News.

Texas Tech University Fraternity, 11 members named in lawsuit

by April Tamplen
April 08, 2002


The family of Siera Hanson is filing a lawsuit against John
Steinmetz, Texas Tech Student Government Association president, and
10 other Phi Delta Theta fraternity members. Also named in the
lawsuit is the Phi Delta Theta national fraternity.

Hanson was injured last year when a pickup driven by then-Phi Delta
Theta member Travis Gilpin plowed into her bedroom while she was
sleeping. She was 10 years old at the time.


Gilpin allegedly had just left a Phi Delta Theta fraternity party
when he failed to control his speed and struck a wooden utility pole
on Slide Road. According to court records, Gilpin overcorrected his
vehicle, jumping over a curb and into the residence.


According to court records, Gilpin's blood alcohol level was .193,
which is more than twice the legal limit of .08. Gilpin was 20 years
old at the time.


Hanson suffered injuries including broken ribs, a collapsed lung and
injury to her spleen.


Hanson's parents, Michael and Julie McCarty, originally filed the
lawsuit against Gilpin for reimbursement for housing repairs and
Hanson's medical bills.


Court records state Hanson's medical bills from Feb. 11, 2001 and Feb
21, 2001 were about $59,300.


In March, Steinmetz, along with Trent Booher, Justin Combs, John
Doriff, Ryan Heddleston, Scott Herman, Braden Hood, Jonathan Landin,
Tyler Nobles and a "John Doe" were added to the lawsuit.


At the time of the accident, Steinmetz was social chairman, Herman
was president, Nobles was vice president, Doriff was risk management
and Booher was pledge review of the Phi Delta Thetas. The rest of
those named in the lawsuit were representatives of the fraternity.


Court records state they were added to the lawsuit for contributing
alcohol to a minor.


Court records state that about a week before the party, the
fraternity members met at their chapter meeting and planned the Feb.
11, 2001 party. All members were required to attend. According to
court records, to get into the party, fraternity members either had
to pay $20 or bring a 30-pack of beer. After all the alcohol had been
collected, the fraternity believed they did not have enough alcohol
to throw a party.


According to court records, Heddleston, who was an employee at a beer
store, purchased about $1,000 worth of additional alcohol.


The McCarty family filed the lawsuit against the fraternity for being
aware of Gilpin's age and allowing him to drink.


The amended lawsuit states Steinmetz and the other 10 acted on behalf
of the fraternity, which is why they are being sued.


Court records state the fraternity was negligent by furnishing and
permitting the consumption of alcohol by minors, failing to provide
adequate security at a fraternity event, allowing intoxicated people
to consume alcohol and selling and serving alcohol to intoxicated
people.


Steinmetz said he could not comment at the current time due to legal
reasons.


Mother's Against Drunk Driving spokesperson, Shannon Schaff, said she
has heard past complaints about alcohol in relation to fraternities
and sororities.


"Texas Tech preaches to drink responsibly if you are under 21; not to
not drink at all, which goes against what MADD believes," she
said. "Sure, the individual needs to be held account able for
drinking and driving, but a majority of the blame goes on those who
contribute to the minor."


Schaff said the McCarty family has been in touch with MADD.


Courtney Turner, Panhellenic president for Tech, said fraternities
and sororities abide by Texas Tech's no-tolerance alcohol policy.


She said the social chairman of a fraternity, which is the position
Steinmetz held, usually plans parties and provides the list of people
allowed.


"For example, they decide if every member needs to bring beer, so to
say," she said.


Turner said risk management officers of fraternities are supposed to
provide transportation and designated drivers at parties. They also
are supposed to make sure no one under the age of 21 is drinking.


"As far as sororities go, under-aged drinking (prevention) is pretty
much enforced in our own parties, but it is hard to control the girls
if they go to other parties," she said. "If they get caught they have
to face the penalties and follow up in their punishments."