220 N.C. App. 368
N.C. Ct. App.2012Background
- Plaintiff, a 21-year-old Elon University student, was paralyzed after an off-campus Lee Street house incident during a 3 February 2007 event.
- Plaintiff and friends entered the Lee Street house party; after entering a bathroom, confrontation by Cassady and Blackburn led to Plaintiff being forced out and injured.
- Lee Street house was off-campus, rented by Chapter members; Elon controlled on-campus facilities and regulated Greek-life activities, including alcohol policies.
- Pre-incident, Elon and the Lambda Chi Alpha chapter were aware of off-campus violations and took steps to address concerns, with authority to sanction the Chapter.
- Plaintiff sued Elon, Lambda Chi, the Chapter, Cassady, Blackburn, and others; defendants moved for summary judgment; Chapter’s motion for summary judgment was denied.
- Trial court granted summary judgment to Elon and Lambda Chi; Chapter’s summary judgment denial preserved Plaintiff’s negligence claim against the Chapter for immediate appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendants owed a duty of care to plaintiff | Mnhyargt argues voluntary undertaking created duty | Defendants contend no duty from undertaking or relationship | No duty found; defendants owe no duty to plaintiff |
| Whether voluntary undertaking created a duty of care | Undertaking to regulate activities imposed duty | Regulation alone not enough for duty | Adoption of policies alone not a duty; no duty created |
| Whether a special relationship gave rise to a duty | Relationship between university/Greek groups and plaintiff created duty | No special relationship under these off-campus, uninvited circumstances | No special relationship; no duty imposed |
| Whether agency or joint venture theories support liability | Agency or joint venture responsibility | No agency or joint venture relationship exists as a matter of law | No agency or joint venture liability |
Key Cases Cited
- Davidson v. Univ. of N.C. at Chapel Hill, 142 N.C.App. 544 (2001) (holds special-relations duty where university assumes safety duties for student-athletes)
- Hall v. Toreros, II, Inc., 176 N.C.App. 309 (2006) (regulatory policies alone do not create duty to protect class)
- Cucina v. City of Jacksonville, 138 N.C.App. 99 (2000) (summary judgment standards; distinction between law and fact)
- Pinnix v. City of Fayetteville, 242 N.C. 362 (1955) (voluntary undertaking recognized as potential duty)