Woman sues UF fraternity brothers for videotaping sexual encounter

[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.

[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.

[PeppyGPhiB]

Originally Posted by MysticCat

And how are you connected with the defendants? ('Cause I'm betting that you are.)

Originally Posted by la_boca_loca

I'll take that bet. Even if I did know them or was otherwise connected, how would these messages posted under an anonymous name benefit the students or myself? Ya' didn't think about that one, did ya'?

Oh stop it. You're obviously a friend, or a friend of a friend, or maybe you're one of the jerks. I don't know who you are, but the only posts you've made on Greekchat are in THIS thread. Why would you be Googling the case, or the victim/perps, if you didn't know any of the parties involved? And then come on here, register, and defend the guys you don't know?

[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.

[DeltAlum]

Originally Posted by la_boca_loca

Yeah. You missed that.


Case Description
Case ID: 2008CA022597XXXXMB
Case Caption: LAUREN HIGHLEY V BEN FARIAS, KYLE KRAFT, AND DELTA ZETA OF DELTA TAU DELTA, INC. Division: &nbspAB - GERBER
Filing Date: &nbspTuesday , July 29th, 2008
Court: &nbspCA - CIRCUIT CIVIL
Location: &nbspMB - MAIN BRANCH

Just for the sake of clarity, it appears to me that the suit is against the two members and the chapter, not the fraternity.

Let's remember that there's a difference that we, as members of Greek Letter Organizations, all should understand.

Right?

[srmom]

Just for the sake of clarity, it appears to me that the suit is against the two members and the chapter, not the fraternity

That's why I said

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.

Who will be called in to give depositions? The president of the chapter? Other officers? The voluntary chapter alumni advisors? Who will pay for the legal fees for all those people? If it is them, individually, then that is patently unfair, and just plain sux.

And, ultimately, if the chapter's "powers that be" decide to settle because it is just too damned expensive to fight a lawsuit, who will pay the judgement? Since this chapter is part of a national fraternity, I'm assuming that the liability insurance or umbrella policy is bought through their national headquarters, so regardless of whether the "national fraternity" is named, the payout will come from monies paid by the chapter to nationals for whatever insurance fund they have. This will cause the insurance rates for every chapter of this organization to be raised (possibly, depending on their carrier), thus, all are affected.

I may be totally wrong, and each individual chapter buys their own policies, but somehow I doubt that. Let me know if I'm wrong.

[Tinia2]

the answer that i can give you involves a criminal, rather than civil, case.
and i could be wrong but i think in general the system works somewhat the same.
yes, everyone was called in to have a conversation with at least one branch, if not more, of law enforcement. members of the house including officers of course, administrators from the school, chapter advisers, alumni, and national.
yes, it did suck. but it is part of our legal system.
violations of rm does not have to be part of our system. however judging from comments made elsewhere in rm, seems as if some just to not wish to understand and get that point. and thus we all will pay in one form or another at some time or another.

Originally Posted by srmom

That's why I said

Who will be called in to give depositions? The president of the chapter? Other officers? The voluntary chapter alumni advisers? Who will pay for the legal fees for all those people? If it is them, individually, then that is patently unfair, and just plain sux.

And, ultimately, if the chapter's "powers that be" decide to settle because it is just too damned expensive to fight a lawsuit, who will pay the judgment? Since this chapter is part of a national fraternity, I'm assuming that the liability insurance or umbrella policy is bought through their national headquarters, so regardless of whether the "national fraternity" is named, the payout will come from monies paid by the chapter to nationals for whatever insurance fund they have. This will cause the insurance rates for every chapter of this organization to be raised (possibly, depending on their carrier), thus, all are affected.

I may be totally wrong, and each individual chapter buys their own policies, but somehow I doubt that. Let me know if I'm wrong.