Estate of Tipton by and Through Tipton v. Delta Sigma Phi Fraternity, Inc.

DAVIS, Judge.

*314 Robert Eugene Tipton, Jr., a student at High Point University ("HPU") and a pledge of the local chapter of the Delta Sigma Phi fraternity, died on 26 March 2012. At the time of his death, he was an overnight guest at the apartment of another member of the fraternity, Marshall Jefferson. Tipton's estate subsequently brought a lawsuit (the "Wrongful Death Action") against various individuals and entities, including Delta Sigma Phi Fraternity, Inc. (the "Fraternity"), in connection with Tipton's death. In its complaint, Tipton's estate alleged that his death occurred as a result of…