University will not respond to Knight, Korona tort claims

IU will not respond to two tort claims notices it received in recent months -- one for wrongful death and one for wrongful termination, an IU official said Wednesday.\nThe family of Seth Korona, who died in a fraternity accident, notified the University in late April of their plans to sue. The lawyer for former basketball coach Bob Knight sent notification in March.\nIU Counsel Dorothy Frapwell said the University does not generally respond to tort claims notices, the legal notification of intent to sue that allows 90 days for a response, and won't respond in either of the most recent cases. Lack of a response is construed as denial of the claim, she said.\nFrapwell said the University would respond to a tort claims notice only in a case of "clear liability."\nKnight's notice -- which mentions slander, libel, defamation and tortious interference with potential contracts -- cites damages in excess of $7 million.\nKnight was fired by IU President Myles Brand Sept. 10 for violations of a "zero-tolerance" policy imposed by the University.\nThe 90-day deadline has passed in that case.\nKnight lawyer Russell Yates told the IDS in March that the IU coach of 29 years would prefer an out-of-court settlement but had no choice but to file the notice, giving him two years to file a lawsuit.\nFrapwell said it would be "inappropriate to discuss" whether there were negotiations toward a settlement.\nYates did not return phone calls before the IDS' final deadline Wednesday.\nIn the Korona case, the 90-day deadline has yet to pass.\nKorona lawyer Richard Hailey sent a tort claims notice to the state, University, Theta Chi Fraternity and Bloomington Hospital on behalf of the family. The notice says the family will seek in excess of $1 million.\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.\nHailey told the IDS in March that Korona was hazed and encouraged to drink at Theta Chi and that the University was lenient in punishing alcohol violations.\nHe called a lawsuit "inevitable." Hailey said he is not surprised the University does not plan to respond, but that now, at least, he won't have to wait to take action.\n"I expect to be completely ignored at every juncture," Hailey said. "But there's going to come a time when they can't ignore it."Hailey said he plans to take one of two actions in the next few weeks: file legal action to obtain the police report, or file a full-blown lawsuit.\nLast week, Hailey formally requested case-related documents and investigatory records from the University, IU Police Department, Theta Chi and the Bloomington Police Department. \nSo far, he said, he has received no response. Hailey said it would be disappointing if all of the information is not turned over.\n"I think the family would be hurt and confused that anyone ... would have information about the death of their child and not share it with them," Hailey said.\nFrapwell said she has received the request and is reviewing it.