Garofalo v. Lambda Chi Alpha Fraternity

NEUMAN, Justice.

The principal question on this appeal is whether a “special relationship” exists between a fraternity and its members so as to create a legal duty of care, actionable in tort, when a young initiate’s excessive drinking results in death. The district court concluded as a matter of law that no such duty exists under the material facts of this case. It therefore dismissed, on summary judgment, plaintiffs’ wrongful death action against their son’s national fraternity, its local chapter, and one of his fraternity brothers.

Having now considered the arguments on appeal, a majority of…