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KU-Fiji negligence case near decision
Published Tuesday, March 16, 2004
Attorney argues KU, frat negligent
By Steve Fry
The Capital-Journal
When The University of Kansas and a fraternity made policies prohibiting underage drinking, they assumed a responsibility, an attorney told the Kansas Supreme Court on Monday.
But attorneys defending KU and the fraternity, Phi Gamma Delta, said, no, there isn't a link between those institutions and the death of Felicia A. Bland, 39, of Lawrence, who was killed when her vehicle was struck head-on by a vehicle driven by an intoxicated 16-year-old.
Investigators have said the teenager, Sean M. Scott, of Shawnee, had been drinking at the fraternity house and at a Lawrence bar with his older brother, mother and stepfather before the crash. Scott was sentenced in 2001 to 2 1/2 years in a state youth center after he pleaded no contest to involuntary manslaughter.
Authorities said Scott's car was seen speeding and weaving in and out of traffic on K-10 highway shortly before the Sept. 16, 2000, collision which was about a mile west of K-7 highway in Johnson County.
Daniel F. Church, a Roeland Park attorney representing James Bland, a relative of Felicia Bland, and others told the Kansas Supreme Court that someone who provides alcohol to a juvenile is as negligent as an architect who fails to properly build a structure that collapses. The plaintiffs, who allege KU and the fraternity were negligent, are appealing rulings by Douglas County District Court Judge Jack Murphy who dismissed the lawsuit, saying the plaintiffs failed to state a claim.
Paul Hasty Jr., of Overland Park, who represents the fraternity, and Sara Trower, of Lawrence, who represents KU, argued that Murphy ruled correctly. Hasty and Trower noted that the Kansas Supreme Court consistently has refused to extend civil liability to people other than the drunken driver. Hasty said the plaintiffs were directly attacking the Supreme Court's rulings of 1985, 1986 1991 and 1992 and two rulings in 1988.
The earliest decision on the appeal could be made on May 14.
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