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Garza v. Delta Tau Delta Fraternity National

Louisiana Supreme Court

948 So. 2d 84 (2006)

Facts

Twenty-one-year-old college student Courtney Garza hanged herself in her parents’ home two months after a fraternity brother allegedly raped her. Her three-page suicide note, dated the day before, explained that she could not cope with the trauma of the rape and said goodbye. Her family (plaintiffs) brought a wrongful-death action against the Delta Tau Fraternity National, the university, and others (defendants), claiming they failed to adequately supervise fraternity activities and provide crisis-intervention services. The trial court ruled on pre-trial motion that the critical part of the note would be admitted under the dying declaration hearsay exception. The fraternity brought an interlocutory appeal to determine the issue before trial. The appellate court affirmed, but the Louisiana Supreme Court granted review.

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Issue

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Holding and Reasoning (Weimer, J.)

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Dissent (Traylor, J.)

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Dissent (Johnson, J.)

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