Quote:
Originally Posted by Kevin
I, for one, have never heard of the "but I was a pledge" defense, and that aside, this chapter might have been a balanced man chapter in which pledges don't really exist.
You'd be hard-pressed to find a judge or jury who cares about the difference between a pledge and an active. They were all engaged in a common purpose--getting beer to the tailgate party or consuming the beer. That said, this was a pretty ambitious tactic by the plaintiff, but I can see what he's doing and legally, I think it's sound.
Of course, I know nothing about Massachusetts law, so who knows?
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You are missing the point. Most of the current members were NOT pledges or active members at the time of the accident. Some of them were probably still in high school.