PRIME v. BETA GAMMA CHAPTER OF PI KAPPA ALPHA

No. 85,861.

273 Kan. 828 (2002)

47 P.3d 402

MATTHEW J. PRIME, Appellant, v. BETA GAMMA CHAPTER OF PI KAPPA ALPHA, a Kansas Voluntary Association, PI KAPPA ALPHA FRATERNITY, a Tennessee Mutual Organization, TODD GUERRIERI, JEFF FAY, BRIAN HARPER, CORY AUBUCHON, JOHN KOSCIULUK, AARON HARPER, and THE MOUNT OREAD HOUSE CORPORATION, a Kansas Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed May 31, 2002.


Attorney(s) appearing for the Case

Theodore J. Lickteig, of Law Offices of Theodore J. Lickteig, of Overland Park, argued the cause and was on the brief for appellant.

Brian G. Boos, of Gehrt & Roberts, Chartered, of Topeka, argued the cause for individual appellees, and Craig C. Blumreich, of the same firm, for appellee Brian Harper; John E. Bordeau and Jana V. Richards, of Sanders Conkright & Warren LLP, of Kansas City, Missouri, for appellee Jeffrey Fay; and Wayne E. Smith, of Dougherty, Modin & Holloway, of Kansas City, Missouri, for appellees Cory Aubuchon, John Kosciuluk, and Todd Guerrieri, and were on the briefs of individual appellees.

Michael K. Seek, of Fisher, Patterson, Sayler & Smith, L.L.P., of Overland Park, argued the cause and was on the brief for appellees Mount Oread House Corporation and Pi Kappa Alpha Fraternity.

Rod L. Eisenhauer, of Seigfreid, Bingham, Levy, Selzer & Gee, P.C., of Kansas City, Missouri, argued the cause and was on the brief for appellee Beta Gamma Chapter of Pi Kappa Alpha.


The opinion of the court was delivered by

ALLEGRUCCI, J.:

This personal injury action arose out of a fraternity initiation event where Matthew Prime excessively consumed alcoholic beverages, which led to his hospitalization. Prime sued the local chapter and the national organization of the fraternity, the corporate owner of the real property where the fraternity chapter is housed, five individual fraternity members, the University of Kansas, and the Board...

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