[Vision2020] Details on Lawsuit: Rejena Coghlan Paralyzed From Fall, August 1993, At Alpha Phi Sorority

[Ted Moffett]

I was sent this info on this case "Offlist."  It seems there is some
disagreement about the correct spelling of her name:

>
> Coghlan v. Beta Theta Pi Fraternity, 133 Idaho 388, 987 P.2d 300, 139
> Ed.L.Rep 643
> (1999).
>
> Rejena Coghlan was an eighteen year old freshman at the University of
> Idaho. During
> “Rush Week” in August, 1993, as a newly admitted member of the Alpha Phi
> Sorority, she
> attended parties held at two different fraternity houses, SAE (also jointly
> sponsored by PKA) and
> BTP. As the Court stated: “Two University of Idaho employees, both Greek
> advisors for the
> 26
>
> University, were in attendance at the BTP party. Coghlan alleges that one
> of the employees saw
> Coghlan at the BTP party and congratulated her for pledging Alpha Phi
> Sorority.” 987 P.2d at
> 305. She further alleged that she was served alcohol at both parties and
> that she was never asked
> for identification. She became intoxicated and distraught and was escorted
> home and put to bed
> in the third floor sleeping area of the sorority house. Some time during
> the night she fell from the
> third floor fire escape landing and suffered permanent injuries. She sued
> the University, the
> sorority and the fraternities for negligence. The district court dismissed
> the claim against the
> Board and the University, holding they owed no duty of care to the
> plaintiff, and later dismissed
> the action against the fraternities based upon the court’s interpretation
> of the Dram Shop Act,
> and awarded summary judgment to the sorority.
> On appeal the Supreme Court held that: (1) the Idaho Dram Shop Act barred
> the student
> from recovery against the fraternities and sorority which provided the
> alcohol; (2) the Act’s
> classification which allowed recovery by third parties but not by
> intoxicated persons was not a
> violation of the Equal Protection Clause; (3) the University did not
> initially owe a duty of care to
> the adult student; but (4) the allegations stated a claim against the
> University for breach of a
> voluntarily assumed duty; (5) the sorority did not have a “special
> relationship” with the student
> giving rise to a duty to protect her; but (6) there were fact issues as to
> whether the sorority
> voluntarily assumed such a duty, thus precluding summary judgment.
>
>
>  On Thu, Sep 10, 2009 at 2:17 PM, Ted Moffett <starbliss at gmail.com> wrote:
>
>>  Not again!
>>
>> I clearly recall that many years ago another female U of I student fell
>> from, I think it was a sorority upper floor, and sustained long term
>> paralyzing injuries, if my memory is correct.  Very tragic.  I also recall
>> that the U of I was sued over this incident.
>>
>> I just did a search for information on this previous incident, but was
>> unsuccessful.
>>
>> I also recall that in this previous incident, alcohol was a contributing
>> factor.  This press release makes no mention of whether drug use (I refuse
>> to use the common phrase "drugs and alcohol" as if there is a difference
>> worth noting beyond legal issues, given alcohol is a powerful drug, and
>> those who use it are drug users) was involved in this fall, but if the
>> student was under the influence of alcohol, it seems likely this fact would
>> now be known by medical authorities and law enforcement.
>>
>> Ah ha!  A source about this previous incident was found, from bing.com.
>> My memory is correct, if the source below is correct:
>>
>> http://www.dukemagazine.duke.edu/alumni/dm17/legal.html
>>
>> From website above:
>>
>> Another student at the University of Idaho was paralyzed from the waist
>> down after falling three stories. Her blood alcohol was 0.25, more than
>> twice the legal limit. She and her family filed a $500,000 claim against the
>> university.
>>
>>
>
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Vision2020 Post: Ted Moffett
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