Booker v. Lehigh University

Lehigh University (defendant) adopted a social policy that prohibited the host of any parties held on campus, such as fraternities, from serving alcohol to students under the age of 21, the legal drinking age in Pennsylvania. The social policy also required party hosts to register parties with the university’s student life office and to hire a security guard to check student identification at the party. The social policy and party-registration forms provided that registration of the party did not constitute approval from the university and that the party host, not the university, was responsible for following the social policy rules. The university did not police parties to ensure compliance. Lora Ann Booker (plaintiff) was a 19-year-old sophomore at the university. One night, Booker attended several fraternity parties on campus and consumed large amounts of alcohol. While intoxicated, Booker attempted to walk back to her sorority house by taking a steep, rocky trail when Booker fell and injured her head. Booker suffered a hematoma on her brain and underwent surgery. Booker filed a lawsuit against the university, arguing that the university assumed a duty to protect students from injuries caused by underage drinking by adopting the social policy and that the university breached that duty by failing to enforce compliance by the party hosts. The university filed a motion for summary judgment.