Woman sues UF fraternity brothers for videotaping sexual encounter

[srmom]

I obviously have no dog in this fight But, I'll put my two cents in.

I have no issue with her suing the two boys, and by extension, their parents' insurance companies. After all, it is the two boys who invaded her privacy and embarrassed her; they are the ones who did the damage, and if she feels that the sentence levied upon them by the justice system was not enough, then SUE AWAY! But, I do have a problem with her suing the fraternity. Obviously, the entire active chapter was not a party to the harm, neither was the alumni base or the advisory members. So, why should they be a party to the suit other than in an attempt for the plaintiff to try to extract the greatest monetary judgement, and the fraternity has deeper pockets than the parents.

Having been a party to various suits, I know what a huge pain in the ass it is to be involved - depositions, astronomical lawyer fees, etc., not to mention the worry and stress that accompanies being named (unfairly!!!) in a suit. Background - we own a company that has been named in suits, even though we had nothing to do with the problems, we have always eventually been dropped from the suit, but in the meantime, we have spent money that should have gone to the company to hire lawyers to defend our GUILTLESS position, and spent sleepless nights worrying about the costs and end results.

So, while the case against the fraternity might not legally be frivolous, it is going to cost them alot of money and energy to fight it.

[MysticCat]

Originally Posted by srmom

So, while the case against the fraternity might not legally be frivolous, it is going to cost them alot of money and energy to fight it.

Just based on what I have seen here (which granted may not be the whole story, or even close to the whole story), I'd say that the case against the fraternity may indeed be legally frivolous. Why not sue UF while they're at it?

[Tinia2]

Originally Posted by MysticCat

Just based on what I have seen here (which granted may not be the whole story, or even close to the whole story), I'd say that the case against the fraternity may indeed be legally frivolous. Why not sue UF while they're at it?

i was just reviewing some of the cases i or family members have been involved with and thought of just the same thing. perhaps could be added on later. and if this happened within a dorm room, i would have been surprised if the school had not been served. in this case, from what little we have seen of it, the chapter and fraternity could be looked at as a entity separate from the school.
added edit: found this news link http://www.gainesville.com/article/2...14581/0/news03
which includes this: "The 20-year-old woman filed a civil lawsuit Tuesday in Palm Beach County. She seeks more than $15,000 in damages from Ben Farias, 21; Kyle Kraft, 20; and the UF chapter of the Delta Tau Delta fraternity for invasion of privacy and other offenses."
"The suit claims the fraternity failed to adequately supervise its members, based on previous incidents there.
The same year as the taping, UF’s chapter of Delta Tau Delta had incidents in which two underage students drinking at the house were sent to the emergency room, according to UF records.
The fraternity received a social suspension through fall 2007 and was not allowed to recruit new members in spring 2006 and fall 2007, those records show. Orlando said the fraternity is currently in good standing."

is the proper term prior bad acts? and if so, or something similar, seems as if they are coming back to haunt them.

[SWTXBelle]

$15,000 in damages doesn't seem very high at all - anyone with more experience in these matters care to comment?

And if Delta Tau Delta had previous problems at the house, what would/should they have done in terms of closer supervision? I realize you can't prevent all idiotic behavior - but if there is a history of problems with behavior that could open the chapter up to liability issues I'd think SOMETHING - education, supervision, SOMETHING -could be done. I hate to see any GLO in a position of having to deal with this kind of problem.

[la_boca_loca]

Originally Posted by SWTXBelle

$15,000 in damages doesn't seem very high at all - anyone with more experience in these matters care to comment?

In a Florida tort action, the plaintiff does not pray for a sum certain. The plaintiff only pleads that she seeks more than $15,000, the jurisdicitional threshhold for the circuit courts.

[Kevin]

Originally Posted by MysticCat

Just based on what I have seen here (which granted may not be the whole story, or even close to the whole story), I'd say that the case against the fraternity may indeed be legally frivolous. Why not sue UF while they're at it?

I don't really see the connection to the organization either, but then again, I know only what has been printed in the papers.