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Risk Management - Hazing & etc. This forum covers Risk Management topics such as: Hazing, Alcohol Abuse/Awareness, Date Rape Awareness, Eating Disorder Prevention, Liability, etc.

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  #1  
Old 02-01-2009, 06:56 PM
exlurker exlurker is offline
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Lawsuit Against Elon Lambda Chi Alpha, Etc.

Excerpt from much longer article:

A negligence lawsuit filed in Guilford County by a former Elon University student who was injured after an incident at an off-campus fraternity party two years ago has been transferred to Alamance County.

The complaint, which John Lee Mynhardt filed after he was paralyzed from the neck down after he fell during a confrontation at a party, lists as defendants: Elon University; Lambda Chi Alpha Inc., Delta Pi Chapter of Lambda Chi Alpha; Clinton Joseph Blackburn; and fraternity members . . . .


Article with alleged details is at

http://www.thetimesnews.com/news/myn...complaint.html

Interesting case, maybe: deals with an "uninvited guest" who was allegedly seriously injured when attempts were made to eject him.

Last edited by exlurker; 02-01-2009 at 07:01 PM.
  #2  
Old 02-01-2009, 10:14 PM
WCsweet<3 WCsweet<3 is offline
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Interesting is a good word for it.

Favorite line:
Quote:
Mynhardt also claims that by law, the school and the fraternity, including the Delta Pi chapter, had a duty to control the conduct of the fraternity members.
The school is negligent too?
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  #3  
Old 02-08-2009, 09:49 PM
ECUJacob ECUJacob is offline
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Just some interesting points made in the article... I'm following this closely as it will likely have direct implications on precendents set in our state regarding Greek Life lawsuits.

Quote:
Though he had not been invited to the party...
Quote:
They claim that Mynhardt's own negligence caused his injury, since he trespassed in the house when he had not been invited. Furthermore, he was intoxicated and was belligerent and aggressive after being asked to leave several times, they said in their responses to the complaint.
Quote:
Though Mynhardt admitted he was under the influence of alcohol that day...
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  #4  
Old 02-09-2009, 11:42 AM
naraht naraht is offline
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North Carolina laws on trespassing?

Some states have stronger laws than others as to what you can do to eject someone who is trespassing. That may make a difference...

Also, does anyone have any feeling for how much the University is supporting the Fraternity chapter on this?

Odd that the civil case is going first. My guess is that if the guy who was paralyzed can't win the civil case, that the DA won't push the Criminal case that much. Civil cases are almost always easier to prove..

Randy
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  #5  
Old 02-09-2009, 12:40 PM
Kevin Kevin is offline
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Quote:
Originally Posted by ECUJacob View Post
Just some interesting points made in the article... I'm following this closely as it will likely have direct implications on precendents set in our state regarding Greek Life lawsuits.
Only follow it if it doesn't settle for some undisclosed sum of money.

This was likely filed when it was filed so as to toll the statute of limitations. Now negotiations will continue.

Very few personal injury suits ever make it to trial. Most personal injury lawyers don't roll like that.
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  #6  
Old 02-10-2009, 02:38 PM
Kevin Kevin is offline
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At least for now, I'm closing this thread and any discussion of this incident. If someone wants to post something in here, please forward it to me first.

Feel free to PM with any questions.
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