Brian Yost v. Wabash College, Phi Kappa Psi Fraternity- Indiana Gamma Chapter at Wabash College, Phi Kappa Psi Fraternity, Inc., and Nathan Cravens
2014 Ind. LEXIS 133
| Ind. | 2014Background
- Brian Yost, an 18-year-old Wabash College freshman and Phi Kappa Psi pledge, was injured in September 2007 during an incident at the fraternity house he lived in; he sued Wabash College (landlord), the local chapter (tenant), the national fraternity, and a student member.
- Yost alleged the injury arose from hazing/related conduct and asserted theories of premises/landlord negligence, assumed duty, and vicarious liability; he sought compensatory and punitive damages.
- Wabash and the national fraternity moved for summary judgment; the trial court granted it for both and for the local chapter; the Court of Appeals affirmed; the Indiana Supreme Court granted transfer.
- Undisputed facts: the local fraternity leased and had exclusive possession/control of the fraternity house; participants in the incident were active members or pledges of the local chapter.
- The record showed Wabash and the national fraternity had anti-hazing policies, outreach/education, and disciplinary mechanisms, but neither exercised day-to-day control over members; the local chapter had traditions and pledge roles (e.g., "Pledge Father") that may have guided conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wabash (landlord) owed a duty to protect Yost on leased premises | Wabash retained duties as lessor and assumed duties via anti-hazing policies and discipline practices | Wabash relinquished control to tenant; no specific undertaking or agency; thus no duty | Wabash owed no duty as a matter of law; summary judgment for Wabash affirmed |
| Whether Wabash (or national) assumed a specific duty by outreach/anti-hazing programs | Those actions created an assumed duty to supervise and protect pledges | Policies were general, educational, not a specific, undertaken supervisory task | No assumed duty shown for Wabash or national; summary judgment affirmed for both |
| Whether the national fraternity is vicariously liable for local chapter members | National benefited from and set rules for chapters; therefore it should be liable | Relationship is remote; local chapter is self-governing and did not act on behalf of national | No agency/manifestation of assent; national not vicariously liable; summary judgment affirmed |
| Whether the local chapter can be liable (including punitive damages) | Local fraternity assumed supervisory role over pledges and ran traditions that may have caused injury | Local fraternity characterized incident as horseplay, not institutionalized hazing | Genuine issues of material fact remain as to assumed duty and punitive damages; summary judgment for local chapter reversed |
Key Cases Cited
- Wilson v. Isaacs, 929 N.E.2d 200 (Ind. 2010) (summary judgment standard on appeal)
- Pfenning v. Lineman, 947 N.E.2d 392 (Ind. 2011) (elements of negligence and duty as question of law)
- Burrell v. Meads, 569 N.E.2d 637 (Ind. 1991) (adopts Restatement (Second) of Torts § 348 for landowner duties)
- L.W. v. Western Golf Ass'n, 712 N.E.2d 983 (Ind. 1999) (landowners owe duty to take reasonable precautions against foreseeable criminal acts)
- Delta Tau Delta, Beta Alpha Chapter v. Johnson, 712 N.E.2d 968 (Ind. 1999) (assumption-of-duty principles in campus/fraternity context)
- Olds v. Noel, 857 N.E.2d 1041 (Ind. Ct. App. 2006) (landlord liability when tenant has full control)
- Webb v. Jarvis, 575 N.E.2d 992 (Ind. 1991) (three-factor duty test: relationship, foreseeability, public policy)
- Sword v. NKC Hospitals, Inc., 714 N.E.2d 142 (Ind. 1999) (vicarious liability/agency principles)
- Stropes v. Heritage House Childrens Ctr. of Shelbyville, Inc., 547 N.E.2d 244 (Ind. 1989) (master-servant rationale for imputed liability)