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COGHLAN v. BETA THETA PI FRATERNITY

No. 24318.

987 P.2d 300 (1999)

133 Idaho 388

Rejena COGHLAN; Pamela J. Clarke, individually and as parent and guardian ad litem of Thomas Adam Coghlan and Michael J. Clarke, Jr.; Michael J. Clarke; Thomas Adam Coghlan, individually; and Michael J. Clarke, Jr., individually, Plaintiffs-Appellants, v. BETA THETA PI FRATERNITY, an Ohio nonprofit corporation; Sigma Alpha Epsilon Fraternity, an Illinois nonprofit corporation; Pi Kappa Alpha Fraternity, a Tennessee nonprofit corporation; Alpha Phi Sorority, an Illinois nonprofit corporation; and The University of Idaho; The Idaho State Board of Education; and John Does I-X, Defendants-Respondents.

Supreme Court of Idaho, Lewiston, April 1999 Term.

Rehearing Denied November 10, 1999.

Attorney(s) appearing for the Case

Brady Lerma, Chtd., Boise; Spence, Moriarity & Schuster, L.L.C., Jackson, Wyoming, for appellants. G. Bryan Ulmer, III argued.

Keefe, King & Bowman, P.S., Spokane, Washington, for respondent Alpha Phi Sorority. Christopher J. Kerley argued.

Cosho, Humphrey, Greener & Welsh, Boise, for respondents University of Idaho and Idaho State Board of Education. Richard H. Greener argued.

Creason, Moore, Dokken & McIntosh, P.L.L.C., Lewiston, for respondent Pi Kappa Alpha Fraternity. Theodore O. Creason argued.

Johnson, McLean, Devlin & Miller, Spokane, Washington, for respondent Beta Theta Pi Fraternity. J. Scott Miller argued.

Lynch & Associates, P.L.L.C., Boise, for respondent Sigma Alpha Epsilon Fraternity. Katherine M. Lynch argued.

SILAK, Justice.

This is a tort action filed by a University of Idaho student who was injured when she fell, while intoxicated, from the third-story fire escape of her sorority house.

I.

FACTS AND PROCEDURAL BACKGROUND

A. Facts

On August 19, 1993, Rejena Coghlan (Coghlan) was an eighteen-year-old freshman at the University of Idaho who had recently been notified of her admission to the Alpha Phi Sorority. At that time, the University...

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