Korona lawyer calls lawsuit 'inevitable'

The parents of Seth Korona, who died after a fraternity accident, will file a lawsuit for the wrongful death of their son, family lawyer Richard Hailey said Wednesday.\nHailey said Korona was hazed and encouraged to drink at Theta Chi fraternity and that the University was lenient in punishing alcohol violations.\nIn a tort claims notice, obtained Wednesday from the University, Hailey names IU President Myles Brand, former Theta Chi President David Friedmann, Theta Chi fraternity, Bloomington Hospital and the Attorney General of Indiana.\nHailey said Wednesday he will add the Indiana State Police to the list. An off-duty Indiana State Police officer guarded the door to the Theta Chi fraternity house.\nThe claims notice is only the first step to suing for Korona's wrongful death, but Hailey called a lawsuit "inevitable" Wednesday.\nKorona, 19, died Feb. 4 of bleeding in the brain caused by a skull fracture he sustained at a Jan. 27 Theta Chi party. Korona was hospitalized two days later and remained in a coma until his death. Prosecutor Carl Salzmann decided not to file charges.\nPolice said Korona hit his head on a metal door frame after doing a keg stand at the party.\nHailey said his own investigator revealed that keg stands are part of a "Theta Chi ritual" that was done with potential pledges. He said top officers and members of the fraternity observed and encouraged Korona's keg stand, and that more than a dozen members witnessed it.\nDean of Students Richard McKaig said he has not heard any mention of hazing at Theta Chi that night. He also said the record indicates that IU has not ignored alcohol problems on campus.\nHank Nuwer, an adjunct professor of journalism at IU-Purdue University Indianapolis and an expert on hazing and binge drinking on campus, said lawsuits such as Korona's that name three parties are very rare.\n"I can't think of another one, and I have a pretty good memory," said Nuwer, who wrote Wrongs of Passage: Fraternities, Sororities, Hazing, and Binge Drinking.\nNuwer said the Koronas would have to prove negligence -- not an easy standard to meet. \nAn eyewitness testifying there was some pressure on Korona is almost essential, since the other side will say it was Korona's own decision, Nuwer said. He called it "a tough, tough case to win."\nWhile Hailey said Korona was partially responsible for his death, other "adults" and "adult institutions" have just as much responsibility.\n"Unfortunately, three separate entities came together in a tragic triad that led to the death of Seth Korona," Hailey said. "It would be a comedy of errors if it wasn't such a tragedy."\nHe said the hospital "botched" Korona's treatment, IU was lenient on Theta Chi and that the fraternity was a "free-flowing river of alcohol." The fraternity served Everclear "rush punch" and had several kegs at the party.\nState law limits damages that could be imposed on Bloomington Hospital at $1.25 million and caps the University's liability at $300,000, according to Hailey. There is no cap on Theta Chi's liability.\nIU Counsel Dorothy Frapwell said Wednesday she hadn't decided yet how to respond to the tort claims notice. Frapwell could not say when she would comment.\nIn a statement through Bloomington Hospital administrative assistant Kay Keck, Nancy Carlstedt, president and CEO of the hospital, said the hospital would have no comment.\nIU Spokeswoman Susan Dillman said IU President Myles Brand was aware he was named but had no comment.\nAttempts to reach David Friedmann, who withdrew from school after the incident, and Dave Westol, executive director of Theta Chi fraternity, were not successful Wednesday.\nRather than a lawsuit, Hailey said the best case scenario would be a private conversation with those involved. But he said he's not holding his breath.\nHailey said his real job for the family was looking for information.\n"This family has never mentioned anything about money to me," Hailey said. "What they want (to do) is find out what happened to their son."\nNuwer said such sentiments are not uncommon.\n"Facts are important, because headlines leave pain with the parents," Nuwer said. "They're looking for facts that will make the pain a little less."\nNuwer said a civil case can do just that -- by revealing facts.\n"Past cases in civil suits have brought out important information," Nuwer said.\nBut when criminal charges are filed, information comes much easier, he said.\nAfter Pi Kappa Alpha fraternity member Joseph Bisanz, 19, died in 1998, his parents considered legal action against the University and fraternity. Nuwer said the lack of criminal charges and other obstacles prevented the family from suing.\nStill, Hailey vows to move forward. He said he will get the police report "one way or another," making a formal request for the report next week.\nFrapwell said the University will consider whether to release the report when it receives the request. \nIn addition to using the report, Nuwer said he expects Korona's lawyers to bring in past cases, possibly including a settlement at the University of Nebraska-Lincoln.\nIn addressing a drastic case of hazing, in which a pledge was handcuffed to a radiator and forced to drink 15 shots, the Nebraska Supreme Court found that the University should have protected the student from hazing, The Associated Press reported. The case drew a $25,000 settlement.\nBut at least one case Hailey said he will use hits a little closer to home. Decided in July 1999 by the Indiana Supreme Court, the case also involved an IU fraternity. In Delta Tau Delta v. Tracey D. Johnson, the court held the fraternity responsible for a rape that occurred in its house.\nGeorge Patton, an attorney for Bose McKinney & Evans based in Washington, D.C., successfully argued the case for Johnson.\nPatton said the key issue in his case -- whether prior acts on a property give the landowner notice that there is danger to those entering their property -- might also be applied in the Korona case.\nThe court ruled that the fraternity could be held liable since they ignored warning signs and repeated conduct problems, Patton said.\nIn recent years, Theta Chi has been on and off probation from their national organization.\nIn 1998, the fraternity was put on probation after police found 175 cases of beer and 31.7 liters of vodka while responding to an alcohol-related injury. The fraternity was also cited for unspecified risk-management violations in January 2000.\nNuwer said the violations were a huge disappointment for Theta Chi executive director Dave Westol, who thought his undergrads were committed to change.\n"You start wondering if a real gap is occurring between the national headquarters and the deans, and the chapters," Nuwer said.\nWestol did not return phone calls by press time.\nPatton said he didn't know enough about the Korona case to know if liability could "flow to the University."\n"There are laws out there that provide immunity for the University," Patton said.\nHailey said another important aspect for the Koronas is "fair allocation of responsibility and accountability." But he said he doesn't think any of the three parties named will acknowledge any responsibility.\n"We do see (the University) as having some responsibility for social institutions on campus and believe they have authority over various aspects of those institutions," Hailey said.\nHe said universities 30 years ago were held more responsible -- in loco parentís, or in place of the parent. Today, he said, universities have moved closer to caveat emptor -- let the buyer beware.\n"We think that somewhere in the middle is better," Hailey said.\nThe University has 90 days to respond to the tort claims notice. Other parties named in the notice are not asked to respond. No response would be tantamount to a denial of the allegation, IU Counsel Dorothy Frapwell said. Hailey said he expects no response but plans to begin legal proceedings in fewer than 90 days.