Felix Peguero v. Tau Kappa Epsilon Local Chapter, Tau Kappa
106 A.3d 565
N.J. Super. Ct. App. Div.2015Background
- Felix Peguero (non-student, non-member) attended a crowded late-night party at a house rented and occupied by several members of the Tau Kappa Epsilon local chapter; he paid a small cover and drank alcohol there.
- A backyard altercation erupted; while attempting to intervene and help a friend, Peguero was punched and shot by an unknown guest; shooter was never identified or shown to be a fraternity member or visibly intoxicated.
- No prior history of violent incidents, weapons incidents, or arrests at the house; police had previously responded only for a noise complaint; TKE national had risk-management/alcohol guidelines but limited oversight of locals.
- Peguero sued TKE national, TKE local, and several individual residents/members for negligence/premises liability; defendants moved for summary judgment.
- Trial court granted summary judgment, finding the shooting an unforeseeable criminal act and that defendants owed no duty to protect; denial of reconsideration followed and this appeal ensued.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendants owed a legal duty to protect Peguero from third-party criminal acts at the fraternity-hosted party | Peguero: large crowd, widespread drinking, lax entry control and prior minor altercations made violent criminal conduct (shooting) foreseeable, creating a duty | Defendants: no history of weapons/violent crime at the house; shooter unknown and unforeseeable; no basis to impose duty | Held: No duty — shooting was not reasonably foreseeable; summary judgment affirmed |
Key Cases Cited
- Butler v. Acme Markets, 89 N.J. 270 (store parking-lot muggings supported duty to provide warning/security)
- Clohesy v. Food Circus Supermarkets, 149 N.J. 496 (adopted totality-of-circumstances foreseeability test for crimes on premises)
- Desir, Estate of ex rel. Estiverne v. Vertus, 214 N.J. 303 (full duty analysis; fairness and public policy limit duty expansion)
- Hopkins v. Fox & Lazo Realtors, 132 N.J. 426 (multifactor duty analysis: relationship, risk, ability to protect, public policy)
- Rowe v. Mazel Thirty, LLC, 209 N.J. 35 (landowner duty to maintain safe premises)
- Kelly v. Gwinnell, 96 N.J. 538 (scope of duty in alcohol-service context)
- Jersey Cent. Power & Light Co. v. Melcar Util. Co., 212 N.J. 576 (elements of negligence)
- Robinson v. Vivirito, 217 N.J. 199 (assess totality of circumstances in duty analysis)
- Delta Tau Delta v. Johnson, 712 N.E.2d 968 (Ind. 1999) (permitting duty where prior specific violent incidents and campus data made sexual assault foreseeable)