Paul Meola v. Phi Kappa Psi Fraternity, Inc.
2:22-cv-03658
S.D. OhioMar 18, 2024Background
- Plaintiff Paul Meola, individually and as administrator of his son's estate, sued Phi Kappa Psi Fraternity, its local chapter, and associated entities after his son, Chase Meola, was killed by a third party at a fraternity party held at The Ohio State University.
- Chase Meola was shot and killed outside the fraternity house by an uninvited individual who was previously asked to leave the premises.
- Plaintiffs alleged defendants owed a duty of care to warn or protect invitees due to known criminal activity in the University District where the house is located.
- Defendants moved to dismiss the complaint under Fed. R. Civ. P. 12(b)(6) for failure to state a claim.
- The case involved four causes of action: wrongful death, survival action, negligence (including gross negligence and recklessness), and respondeat superior liability.
- The court reviewed whether the pleadings established any actionable duty or gross negligence by the named defendants, who were not alleged to be direct perpetrators.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Wrongful Death Liability | Defendants owed duty to warn about neighborhood crime; gross negligence | No special duty owed; not owners/lessees or grossly negligent | Dismissed: No actionable duty or gross negligence |
| Survival Action (Pain & Suffering) | Meola suffered conscious pain before death, so claim survives | No evidence of conscious pain and suffering; death was immediate | Dismissed: No evidence of actual conscious suffering |
| Negligence/Gross Negligence | Defendants failed to warn or secure premises; special relationship | No special relationship or legal duty to protect from third-party crime | Dismissed: No duty, no special relationship |
| Respondeat Superior Liability | Fraternity and chapter relationship suffices for vicarious liability | No underlying tort, so no derivative liability next | Dismissed: No underlying liability to attach |
Key Cases Cited
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (plausibility standard for pleadings)
- Ashcroft v. Iqbal, 129 S. Ct. 1937 (expands Twombly’s plausibility pleading standard)
- Golden v. City of Columbus, 404 F.3d 950 (12(b)(6) standard—accept facts, not conclusions)
- Directv, Inc. v. Treesh, 487 F.3d 471 (burden on defendant to show failure to state claim)
- Soper by Soper v. Hoben, 195 F.3d 845 (definition of gross negligence in Ohio)
- Anderson v. City of Massillon, 983 N.E.2d 266 (defines wanton and reckless conduct)
- Strother v. Hutchinson, 67 Ohio St.2d 282 (elements for negligence in Ohio)
- Jackson v. Forest City Ents., 111 Ohio App. 3d 283 (when special relationship/duty arises)
- Shinaver v. Szymanski, 14 Ohio St. 3d 51 (administrator’s standing for survival claims)