$16 Million Payment Ordered by Judge in Student's Death

[exlurker]

http://www.statesman.com/blogs/conte...ty_to_pay.html

Excerpt from article (link above):

A state district judge has ordered the national and University of Texas chapters of a fraternity to pay $16.2 million to the parents of a freshman pledge who fell to his death two years ago after authorities said he was subjected to hazing.

The Sigma Alpha Epsilon fraternity must pay each of the parents of Marietta, Ga., native Tyler Cross $2.5 million for mental anguish and nearly $81,000 for funeral expenses, among other costs, according to an order by Judge John Dietz.

Dietz issued the order Wednesday afternoon after the national and local SAE chapters failed to respond to a lawsuit, said attorney Robby Alden, who is representing the Cross family. State law allows the chapters to seek a new trial, which would be granted if their representatives explain why they didn’t respond to the suit and can present a defense to the allegations.

A civil case against the organization’s alumni board and housing corporation is pending.


I don't know what the specific items are that would move the total to a little over sixteen million dollars. In any case, it seems likely to me that if the total really is sixteen million, a new trial will be sought, or possibly a different settlement will be reached. Admittedly, I'm not a Texan, so I may be over-reacting to the amount of money mentioned.
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Edited to add: the article was posted in the October 23 online issue of the Austin Statesman.

http://www.statesman.com/

Edited to add: The October 24 online issue of the Austin paper has a slightly updated article:

http://www.statesman.com/news/conten...raternity.html

[exlurker]

The Associated Press reports that Sigma Alpha Epsilon intends to appeal. See article posted on the Houston Chronicle’s site:

http://www.chron.com/disp/story.mpl/ap/tx/6077025.html

Sigma Alpha Epsilon has a statement on its national HQ web site:

http://www.sae.net/NETCOMMUNITY/Page...=299&srcid=329

Excerpt from SAE’s statement:

The national organization believes there was an administrative error in answering this complaint. No record of the organization filing an appearance was available to the court. The result was a default judgment without the opportunity to defend. A motion to vacate this default judgment has been or will be made shortly by Sigma Alpha Epsilon’s defense counsel. The organization is hopeful, based on the facts, that the court will act as requested and that it will have an opportunity to answer as it already has for the individuals and others named in the lawsuit.

Edited to add:

An article posted on the Austin paper’s site reports that the lawyer for the parents of the late Mr. Cross has said he doesn’t know what SAE means by “administrative error.” See:

http://www.statesman.com/news/conten...5/1025sae.html

Excerpt:

Robby Alden, the attorney for Cross' parents, said Friday that he didn't know what the fraternity meant by an administrative error.

"Travis County has an 'e-filing' system that immediately confirms to all parties when anything is filed," he said.

[exlurker]

Update: Trial Expected, but earlier $16 Million judgemt Overturned

See news story:

http://www.kvue.com/news/top/stories...b.51bff29.html

Excerpts:

A Travis County judge has overturned a $16.2 million judgment against a University of Texas fraternity that was ordered in connection with the death of a pledge in 2006.

Sigma Alpha Epsilon's national organization and UT chapter were ordered to pay after failing to respond to a lawsuit filed by the pledge's family.

. . . The fraternity filed motions for a new trial, and according to attorneys, a judge granted the motions earlier this week. Attorneys say the case will go forward as if the judgment had never been ordered.