Late one summer, the Sigma Chi Chapter held an informal Pre-Rush party. Classes had yet to begin, the weather that evening was great, and friends were happy to see each other after the summer break. No kegs or drugs were present at the event, but cans of beer were available and had been purchased with chapter funds. What started as a small, “unofficial party,” surged to over 200 guests, forcing Consul Jason Kohl shut down the party around 12:30 AM.
Ryan Baxter, 19 years old, was one of the guests of this party. Ryan was not a Sigma Chi or a student of the university; he was an invited guest of friend and Sigma Chi brother, Paul Numsen. Ryan and Paul were drinking most of the evening. It is not certain whether this was alcohol they purchased on their own or received from the chapter. A later report stated that Ryan was intoxicated upon his arrival at the chapter house, but may have still consumed alcohol on the chapter’s premises.
At one point, Ryan accessed the second story roof through the window of Paul’s room. The Consul described the roof from which Ryan fell as a “deck which no one is allowed to go on and everyone has been repeatedly told not to go on.” However, depositions from chapter members revealed that the roof was regularly used as a makeshift deck. There were no railings on the roof and the only access to it was through a window. State law requires railings on all decks.
It is not certain how long Ryan was on the roof, but around 1:00 AM, he fell from the second story roof to the pavement below. Shortly before his fall, a brother described hearing the sound of a chair being moved on the roof.
Upon arrival of the police, blood had pooled beneath Ryan’s head, he was unconscious, and his blood-alcohol level was 0.08.
Medical evaluation of Ryan determined that his brain was “bruised,” he was in a coma for a short time after his fall, and had broken his jaw. His medical bills totaled $131,000. Ryan has permanent injuries from this accident.
Ryan filed suit against Sigma Chi International Fraternity and the local chapter, seeking damages for medical bills, lost earning capacity, pain and suffering, and punitive damages.
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