Shaheen v. Yonts
United States District Court for the Western District of Kentucky
2008 U.S. Dist. LEXIS 16020 (2008)
- Written by Douglas Halasz, JD
Facts
Burgess Harrison Yonts (defendant) was a member of Lambda Chi Alpha fraternity at Murray State University who did not live at the fraternity house. Yonts attended a party at the fraternity house. Following the party, Yonts’s car struck Nadia Shaheen, causing her death. Joseph Shaheen (plaintiff), as administrator of Nadia’s estate, sued Yonts and other members of the fraternity (the other members) (defendants) who had hosted the party at the fraternity house. Among the claims brought by Joseph was a negligent-failure-to-control claim against the other members. Joseph argued that, as the hosts of the party, the other members had failed to control Yonts’s dangerous conduct of underage drinking and driving. Joseph submitted testimony of witnesses who observed Yonts consuming alcohol before the party and possessing alcohol at the party. Joseph also submitted testimony that Yonts had gone to his parked car during the party and argued that it was common for members who did not live at the fraternity house to bring their own beer and store the beer in their cars during the party. The other members moved for summary judgment.
Rule of Law
Issue
Holding and Reasoning (Russell, J.)
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