GAROFALO v. LAMBDA CHI ALPHA FRATERNITY

No. 98-1721.

616 N.W.2d 647 (2000)

Edward GAROFALO and Monica Garofalo, Co-Administrators of the Estate of Mathew Patrick Garofalo, Deceased, Appellants, v. LAMBDA CHI ALPHA FRATERNITY, an Indiana Corporation; Lambda Chi Alpha University of Iowa Chapter, a Voluntary Association; Timothy Reier, an Individual; and Chad Diehl, an Individual, Appellees.

Supreme Court of Iowa.

September 7, 2000.


Attorney(s) appearing for the Case

Edward J. Gallagher, Jr., and Thomas C. Verhulst of Gallagher, Langlas & Gallagher, P.C., Waterloo, and David C. Wise of Corboy & Demetrio, Chicago, Illinois, for appellants.

Kevin H. Collins of Shuttleworth & Ingersoll, P.C., Cedar Rapids, for appellee, Timothy Reier.

Timothy J. Walker and Roscoe A. Ries, Jr., of Whitfield & Eddy, P.L.C., Des Moines, for appellees Lambda Chi Alpha Fraternity and Lambda Chi Alpha University of Iowa Chapter.

Considered en banc.


NEUMAN, Justice.

The principal question on this appeal is whether a "special relationship" exists between a fraternity and its members so as to create a legal duty of care, actionable in tort, when a young initiate's excessive drinking results in death. The district court concluded as a matter of law that no such duty exists under the material facts of this case. It therefore dismissed, on summary judgment, plaintiffs' wrongful death action against their son's national...

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