Drunk sues ATO-TX for $25 mil

[hoosier]

Jan. 15, 2005, 4:37PM

Belly-flop at UT frat party spurs lawsuit
Associated Press


AUSTIN -- A former University of Texas fraternity member is seeking $25 million in a lawsuit against the fraternity after being paralyzed following a belly-flop into a wading pool built by his fellow members for a party.


Wesley Holloway, 20, is suing the fraternity for negligence, claiming that Alpha Tau Omega built an unlicensed pool that lacked proper design, lighting, warning signs and other things required under city ordinances, according to the lawsuit.

In May 2003, the group had filled one of its rooms with foam and built a pool in the back yard so partygoers could wash off the foam, according to the lawsuit.

The pool contained about a foot of water and was built with hay bales and sheets of plastic, the lawsuit said.

Holloway's lawyer, Robert Alden, said his client had about four beers before arriving at the party, where he climbed on top of a picnic table and belly-flopped into the pool. Alden said Holloway broke his neck when the top of his head hit a hay bale.

"He was successful in doing a belly-flop and keeping his head up. He didn't know how far he would travel once he hit, or the fact if he hit the hay bales it would break his neck," Alden said.

Holloway, a competitive swimmer in high school, had to take a year off from school for physical therapy, Alden said. He is now paralyzed except for his shoulders and his biceps, the lawyer said.

Holloway said during a deposition that he knew diving into the shallow pool could break his neck because he had worked as a lifeguard, said the fraternity's lawyer, Jim Ewbank.

"All of his frat brothers feel terrible that it happened, but legally speaking, we think that he was responsible for this," Ewbank said.

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