According to the Opinion, this case arose out of fatal injuries to a pledge to a fraternity at Baruch College in New York City. The fraternity had rented a house in Monroe County over a weekend for initiation rituals.
After the Plaintiff’s decedent sustained fatal injuries allegedly as a result of the initiation rituals, a personal injury action was brought against the fraternity and various members of the fraternity.
In separate proceedings, criminal charges were brought against the fraternity and 37 individuals.
One of the Defendants at issue with respect to the Motion for Summary Judgment had entered a guilty plea to conspiracy to hinder apprehension/conceal evidence, and conspiracy to commit hazing.
The fraternity itself went to trial and was convicted of multiple counts, including aggravated assault, conspiracy to commit aggravated assault, and hazing.
The Plaintiff filed a Motion for Summary Judgment arguing that the Defendants at issue, who had been previously convicted of charges and/or who pled guilty to charges in the criminal case should be deemed to be negligent per se in this civil lawsuit.
|Judge Arthur L. Zulick|
After reviewing the law pertaining to negligence cause of actions and negligence per se, the court ruled that summary judgment would be entered in favor of the Plaintiff due to the Defendants’ convictions for conspiracy to haze the Plaintiff, which convictions were found to supply the basis for a determination of a breach of duty in this negligence cause of action.