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Judge dismisses wrongful death lawsuit against NIU fraternity

admin — Fri, 20 Mar 2015 11:00:22 +0000

A wrongful death lawsuit over the death of a fraternity pledge has been dismissed.

The family of Northern Illinois University freshman David Bogenberger filed the suit against the fraternity Pi Kappa Alpha and several of its members. Bogenberger died in November 2012 at the age of 19, after drinking alcohol in excess at a fraternity party.

The lawsuit alleged that fraternity members made heavy drinking a condition of membership. The lawsuit also claimed that when Bogenberger lost consciousness, fraternity members put him in a bed instead of getting help. Bogenberger was found dead the next day. According to authorities, Bogenberger had a blood alcohol content of 0.351.

In dismissing the lawsuit, Judge Kathy Flanagan said that the plaintiffs had not shown that intoxication was a requirement for membership in the fraternity, which might have violated Illinois’ anti-hazing law. Flanagan said that according to Illinois law, social hosts cannot be held liable for their guests’ alcohol consumption.

The incident is also the basis of 22 criminal hazing cases, which are still ongoing after the state’s anti-hazing law survived a constitutional challenge. Authorities have charged the men who planned the party with felonies and have charged 17 other men with misdemeanor hazing. Authorities have said that fraternity members and other guests ordered the pledges to drink vodka in excess.

Paul Greenberg is a Chicago wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Women Added to Wrongful Death Lawsuit Over Hazing

admin — Fri, 12 Jul 2013 08:41:17 +0000

The family of a fraternity pledge who died after drinking heavily at a party is attempting to add defendants to a wrongful death lawsuit against the fraternity and some members. The family of David Bogenberger plans to add 16 women to the lawsuit and may add other students as well. A separate lawsuit is possible against Northern Illinois University.

A Cook County judge initially denied the motion to add defendants to the lawsuit because of a technicality, according to the family’s attorney. The family obtained the women’s names from police reports as people who were present the night of Bogenberger’s death. The police reports were from the DeKalb Police Department and the NIU Police Department.

According to the family, the additional defendants share responsibility for Bogenberger’s death because they were present and allowed the hazing and underage drinking to continue. The women are not affiliated with a particular sorority.

According to the National Institute on Alcohol Abuse and Alcoholism, there are more than 1,800 deaths per year of college students between the ages of 18 and 24 due to unintentional injuries that are alcohol-related.

The lawsuit demands more than $100,000 in damages. Defendants include the Pi Kappa Alpha national fraternity and its Eta Nu chapter at Northern Illinois University, event organizers, chapter officers and attendees of the party.

Paul Greenberg is a Chicago wrongful death attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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