April 7, 2003
VERDICTS & SETTLEMENTS

Fraternity Hazing -- Alcohol -- Related Death

This case represented the second and final part of a wrongful death claim involving the alcohol-related hazing death of an 18-year-old freshman at Massachusetts Institute of Technology. The first part of the claim, against MIT itself, was resolved in 2000 before suit was filed for $6 million, including the establishment of a scholarship fund in the plaintiff's name, a public apology and an agreement that all MIT freshmen be housed in campus dormitories by 2002.

Suit commenced against the local chapter (an unincorporated association sued under MRCP 23.2 via several alleged "fair and adequate representatives"), the national fraternity, the local alumni house corporation and three individual fraternity members including the chapter president and the so-called "pledge trainer."

Settlement was reached after 20 depositions and after the court denied a series of motions to dismiss. The settlement included a payment of $1.75 million, an agreement that the local chapter would not re-charter earlier than 2009, and a national educational agreement under which the fraternity agreed to produce two professional-grade videos about the dangers of hazing and alcohol use.

Injuries alleged:

Death

Name of case:

Krueger v. Phi Gamma Delta, et al.

Court/case #:

Suffolk Superior Court, No. 00-4296-G

Tried before judge or jury:

N/A (settled)

Name of judge:

Linda E. Giles

Amount of settlement:

$1.75 million (plus national educational agreement to heighten awareness of dangers of hazing and underage drinking)

Date:

October 2002

Attorneys for plaintiff:

Leo V. Boyle and Bradley M. Henry, Meehan, Boyle, Black & Fitzgerald, Boston

Attorney for defendant:

Withheld



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