College freshman died during fraternity's mandatory pledge event at which prospective pledges were required to consume large quantities of alcohol, given to them by members and by nonmember sorority women, until they passed out. Fraternity officers dissuaded others from seeking medical attention for decedent, and placed him on a bed in a room where he would not be observed. Plaintiff's claim is not barred by rule against social host liability. Absent a special relationship, there can be no affirmative duty imposed on fraternity's national organization for the benefit of the pledges. Thus, Plaintiff cannot establish a claim for negligence against national organization. Local fraternity chapter and its officers, its active members who knowingly and willingly participated, and nonmember sorority women who actively participated in event all owed a duty to the pledges, including decedent, and Plaintiff sufficiently alleged claims for negligence against them. (THOMAS, GARMAN, and BURKE, concurring; KARMEIER, concurring in part and dissenting in part; THEIS and KILBRIDE, concurring in part and dissenting in part.)
Illinois Supreme Court
Civil Court
Wrongful Death