Parents Lack Standing in Suit Against Fraternity & University
by
Joseph C. Maya on Apr. 10, 2017
Accident & Injury Accident & Injury Car Accident Civil & Human Rights Constitutional Law
Summary: Blog post on the issue of parents' standing to sue a university for the injuries of their adult children sustained while the child is enrolled.
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Plaintiff parents, administrators of their deceased son's estate, brought an action after their son, a university student, left a party at a private off-campus residence in an intoxicated state and was struck by a motor vehicle. In the fifth and sixth counts, the parents alleged negligence and recklessness on the part of defendant University. The university moved for summary judgment (Conn. Gen. Prac. Book, R. Super. Ct. § 17-49) on these counts.
The parents relied exclusively on the Restatement (Second) of Torts as the source of the university's duty. However, there was no evidence that the university took any affirmative action that increased the risk of harm to the son or that he affirmatively relied on anything the university did or represented, and therefore did not take steps to protect himself from harm. Although the parents maintained that the university somehow should have taken steps to prevent the party from occurring or to prevent the son from attending it, they do not dispute that the party was held in a private off-campus residence, that the university could not enter the premises unless invited, and that the university had no ability to prevent individuals who were of legal drinking age from procuring and consuming alcoholic beverage in private premises. The court found that the premise of modern post-secondary education was that students had both rights and responsibilities and that universities did not have a general duty to insure their safety. The court concluded, based on the undisputed facts, that the university did not assume a duty to the son pursuant to the Restatement (Second) of Torts. Motion for summary judgment granted.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Pawlowski v. Delta Sigma Phi, 2009 Conn. Super. LEXIS 170 (Conn. Super Ct. Jan. 23, 2009)
