Bogenberger v. PI KAPPA ALPHA Corporation, Inc.
56 N.E.3d 1
Ill. App. Ct.2016Background
- David Bogenberger, a prospective pledge at Pi Kappa Alpha (Eta Nu chapter, NIU), attended a mandatory "Mom and Dad's Night" pledge event where pledges were repeatedly given vodka and pressured to drink; David lost consciousness and died with a BAC of .43.
- Plaintiff Gary Bogenberger (special administrator) sued in multiple counts alleging negligence under Wrongful Death and Survival Acts against: PKA Corp., PKA International, the Eta Nu chapter, named officers, pledge-board members, active members, participating nonmember women, and the landlord (Pike Alum).
- Complaint alleged officers/pledge-board planned the event, required participation as a condition of membership, assigned cups repeatedly filled with vodka across several rooms, and that officers/actives monitored but decided not to summon medical aid after pledges became unconscious.
- Defendants moved to dismiss under 735 ILCS 5/2-615; the trial court dismissed plaintiff's complaint with prejudice, finding plaintiff had not pleaded facts to trigger social-host liability and that the Hazing Act did not apply to nonmembers.
- Appellate court reversed dismissal as to the Eta Nu chapter, named officers, pledge-board members, and active members (counts III–VIII), but affirmed dismissal as to PKA Corp., PKA International, the nonmember women, and Pike Alum (counts I–II, IX–X, XI–XII); remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a common-law duty exists where pledges were required to drink to intoxication as part of initiation (hazing) | David's death resulted from required hazing that violated the Hazing Act; Quinn/Haben create a duty distinct from social-host context | Illinois common law rejects social-host liability; Charles/Wakulich preempt field of alcohol-related liability | Duty exists re: local chapter/officers/actives when pledging coerces dangerous alcohol consumption (Quinn/Haben controls); dismissal reversed for those defendants |
| Whether PKA Corp. and PKA International are liable (direct or vicarious) | National organizations encouraged Greek events and failed to prevent or enforce anti-hazing policies | National bodies lack control over day-to-day chapter activities; policies disavow hazing; no duty alleged | Dismissal affirmed: no vicarious liability (agents acted outside scope); no pleaded duty for direct negligence against national organizations |
| Whether a voluntary undertaking (duty to care for intoxicated pledges) was alleged | Officers/actives monitored unconscious pledges, positioned them, and decided not to seek medical help — creating a voluntary duty | Defendants contend mere allowing to "sleep it off" doesn't create open-ended duty | Allegations that defendants took charge of unconscious pledges and prevented medical care sufficiently plead voluntary undertaking; counts against officers/actives survive |
| Whether nonmember participants and landlord are liable | Nonmember women participated in the event; landlord knew of dangerous events on premises | Nonmembers had no authority to require membership conditions; landlord owed no duty absent special relationship or control | Dismissal affirmed as to nonmember women and landlord: plaintiff failed to allege authority/control or a special relationship creating a duty |
Key Cases Cited
- Quinn v. Sigma Rho Chapter of Beta Theta Pi Fraternity, 155 Ill. App. 3d 231 (Ill. App. Ct.) (fraternity liability where pledges required to drink to intoxication; Hazing Act relevant)
- Haben v. Anderson, 232 Ill. App. 3d 260 (Ill. App. Ct.) (extends Quinn to similar club initiation practices)
- Charles v. Seigfried, 165 Ill. 2d 482 (Ill.) (no social-host liability; legislative preemption of alcohol-related liability)
- Wakulich v. Mraz, 203 Ill. 2d 223 (Ill.) (adheres to Charles; distinguishes Quinn/Haben as factually limited)
- Cunningham v. Brown, 22 Ill. 2d 23 (Ill.) (Liquor Control Act provides exclusive remedy for tavern-related alcohol injuries)
- Cruse v. Aden, 127 Ill. 231 (Ill.) (historical refusal to extend Dramshop liability to social hosts)
- Krywin v. Chicago Transit Authority, 238 Ill. 2d 215 (Ill.) (standard for negligence: duty, breach, proximate cause)