Plaintiff's son was a prospective pledge of fraternity at NIU, and while participating in a fraternity event he became intoxicated, lost consciousness, and died with BAC level of 0.43 mg./dl.. Plaintiff filed 12-count 5th amended complaint, alleging that son was required to drink excessive amounts of alcohol to obtain membership in fraternity, and alleged that fraternity violated Hazing Act. Complaint did not allege social host situation, and Plaintiff alleged duty on which action for common law negligence can be based. Social host liability does not exist in Illinois common law. Complaint sufficiently alleged voluntary undertaking theory. Court properly dismissed vicarious liability claim against national fraternity and corporation, as its hazing policy explicitly states that it does not condone such activity. Court properly dismissed claims against landlord of premises, as complaint did not allege a legally-recognized special relationship between decedent and landlord, and does not allege that landlord retained control of premises to trigger duty. (CUNNINGHAM, concurring; CONNORS, specially concurring.)
Illinois Appellate Court
Civil Court
Negligence