Quimbee logo with url
From our private database of 14,500+ case briefs...

Emmette L. Barran, III v. Kappa Alpha Order, Inc.

Supreme Court of Alabama
730 So. 2d 203 (1998)


Jason Jones (plaintiff) became a pledge of Kappa Alpha Order, Inc. (KA) (defendant), a fraternity at Auburn University. Within two days of pledging’s beginning, members of KA began to haze Jones and other pledges, including by means of physical, mental, and emotional abuse. Approximately 20 to 40 percent of Jones’s pledge class withdrew from pledging, as it was entitled to do. Jones did not withdraw but continued pledging and submitting himself to hazing for the entire academic year. Jones filed suit against KA and individual members of the Auburn chapter of KA for negligence. Jones admitted in his deposition that he was free to withdraw from the fraternity and cease subjecting himself to the hazing at any time. KA filed a motion for summary judgment based on the defense of assumption of the risk. The trial court granted the motion. The court of civil appeals reversed, finding that, due to peer pressure, Jones’s exposure to the harm was not voluntary but coerced. KA appealed.

Rule of Law


Holding and Reasoning (See, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 269,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,500 briefs, keyed to 195 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.