Miami Kappa Sig hazers lose $12.6 mil verdict

[hoosier]

Fri, Feb. 06, 2004
Jury awards $12.6 million to parents of Indianapolis student in drowning
Associated Press


MIAMI - A jury Friday found two fraternity members liable for $12.6 million in damages in the accidental drowning of a University of Miami student from Indianapolis in what attorneys called a hazing death.

Chad Meredith, 18, drowned in the campus' Lake Osceola on Nov. 5, 2001. He was legally drunk with a blood-alcohol level of 0.13 percent.

The jury ordered Kappa Sigma president Travis Montgomery and another fraternity officer, David May, to pay Meredith's parents $6.3 million each. The parents' attorneys said they would tap the fraternity's insurance to collect the money.

"This was the verdict the family was waiting for desperately," said David Bianchi, the parents' attorney. "This was a needless death in a fraternity hazing event."

Bianchi had asked the jury to issue a $10 million award, but after three hours, the six-member panel came back with a $14 million award. Chad Meredith was found 10 percent responsible, reducing the amount the fraternity member were ordered to pay to $12.6 million.

The defendants said they would appeal.

As Circuit Judge Ronald Friedman read the jury verdict, Montgomery shook his head and bent his head to his knees.

After the judge left the courtroom, Montgomery stood up and lunged toward the plaintiff's table, apparently trying to get at Bianchi, and had to be physically restrained by his defense lawyer and a bailiff.

"This was a case unprecedented in Florida," said defense Donald Hardemon. "There is no law in Florida making fraternities liable in hazing cases."

On the eight-part verdict, the jury determined that both Montgomery and May were acting as fraternity members at the time and place of the incident, both were negligence in exposing Meredith to harm which caused his death, and both failed to make a reasonable effort to help Meredith.

"The Merediths' son shouldn't have died. He was screaming for help and they swam away from him," Bianchi said. "He tried desperately to save himself, he got within 34 feet of the shore, and he drowned in 6 feet 9 inches of water."

The university had banned swimming in the lake, home to alligators as well as American crocodiles, after a student drowned in 1980.

[James]

Well at least the parents are getting paid . . .

[Kevin]

Everyone, bend over and prepare for the insurance companies to raise prices again...

[sigtau305]

that's really sad.

[moe.ron]

Originally posted by ktsnake
Everyone, bend over and prepare for the insurance companies to raise prices again...

Quoted for the truth.

[Rudey]

Is there no way to let Kappa Sig deal with this without it affecting every other fraternity?

-Rudey

[HotDamnImAPhiMu]

I wish we knew more about the incident.... how sad.

[hoosier]

The Fiji - UCSB vs Belsky hazing suit is getting underway, and Fiji won the first round (two of ten charges dropped).

There's a thread somewhere with the details, and a link to the 20-some page detailed suit.

Ironically, one of the hazers being sued (every undergrad is) now works as a field secretary for Fiji.

[Rudey]

Originally posted by hoosier
The Fiji - UCSB vs Belsky hazing suit is getting underway, and Fiji won the first round (two of ten charges dropped).

There's a thread somewhere with the details, and a link to the 20-some page detailed suit.

Ironically, one of the hazers being sued (every undergrad is) now works as a field secretary for Fiji.

Well if they lose this after the MIT case, I'd be worried for the Fijis.

-Rudey

[PhiPsiRuss]

Originally posted by Rudey
Is there no way to let Kappa Sig deal with this without it affecting every other fraternity?

Rudey,

I don't think that our fraternities will be affected. AEPi, Phi Psi, and 20 other fraternities belong to the FRMT, and Kappa Sig does not.

[shadokat]

Wow...all of us will feel the effects in the insurance.

[Rudey]

Originally posted by russellwarshay
Rudey,

I don't think that our fraternities will be affected. AEPi, Phi Psi, and 20 other fraternities belong to the FRMT, and Kappa Sig does not.

I know we're in FRMT and I'm really interested in seeing how this all works with insurance. When we all join FRMT, what have we joined?? Does our insurance get pooled with others so if 20 of us put in 1 Million each and there is a $20 million lawsuit against a member fraternity that loses, will it be drawn from that?? That makes no sense so it can't be it but then what the hell is the FRMT? Is it a group to lobby for cheaper insurance costs?

-Rudey

[Kevin]

It probably doesn't matter where the money comes from. Insurance costs are based on the perceived risk to the insurance companies. A 12 million dollar verdict is something that'll increase the perception of the various insurance companies that this is a high-risk insurance proposition and that they either need to increase rates or get out of it before they loose their asses.

[Glitterkitty]

Do you think Kappa Sigma will go under because of this? Could this possibly tap their resources enough that they will no longer be able to function?

[Tex1899]

I'm reading this to say there's a 99.99% chance some rules were broken by the chapter and/or the 2 members who were sued...

--The kid was 18 and was legally drunk. Who provided the alcohol?

--How'd he end up in the lake? Many will argue the lake part constitutes hazing.

The 2 members were sued...the article doesn't mention the fraternity being sued. So most likely the parents won't be able to tap into Kappa Sig's insurance because fraternity insurance policies don't cover you if you're breaking the rules. Will this cause Kappa Sig's insurance to go up? I think it's hard to say.

Does anyone know if Kappa Sigma HQ was sued?