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Garofalo v. Lambda Chi Alpha Fraternity9/7/2000
was .188, leading the medical examiner to conclude Garofalo's alcohol level "may have peaked at .250 to .300% eight hours before he died."
Subsequent investigations led both police and university officials to conclude that no "hazing" was involved in the events in question, i.e., no one intentionally or recklessly engaged in "forced activity" endangering the health or safety of a student as a condition of initiation into the fraternity. See Iowa Code § 708.10 (crime of hazing defined). The assistant dean of students reported that the liquor consumed following the ceremony "had been purchased on an individual basis rather than part of an organized activity." A police report summed up the events this way:
The ceremony may have created an opportunity for members to be together which could have spawnedan opportunity to drink alcohol, but the ceremony itself carried no imperative for consumption. Further, it appears that events after the ceremony took on different forms as well. Some members left the area, others remained at the house, while others left for the downtown to "go out" which appears to be typical for the house on a Thursday night. Indications regarding Garofalo's intake of alcohol reflect a decision on his part to consume rather than a mandate from his house mates to that effect.
III. Proceedings
Garofalo's parents, as co—administrators of his estate, filed a wrongful death action against the national fraternity, its Iowa chapter, Tim Reier, and Chad Diehl, as well as two other members of the Iowa chapter who were later dismissed as parties. Plaintiffs' suit alleged negligence in the defendants' conduct toward Garofalo, both in connection with the big brother/little brother ceremony and in failing to properly care for him after "securing intoxication."
All four defendants moved for summary judgment in advance of trial. As to plaintiffs' claims against Tim Reier, the court found no proof that he affirmatively harmed Garofalo by furnishing him alcohol, nor did their relationship spawn a duty on his part to care for Garofalo once he became inebriated. As for the national fraternity and its local chapter, the court found no proof that Garofalo's alcohol consumption was forced or involuntary. It also rejected plaintiffs' claim that any legal duty flowed from these defendants to Garofalo requiring them to protect him from self—inflicted harm. Finally, the court denied Diehl's motion for summary judgment. Based on evidence that Diehl furnished alcohol to Garofalo in violation of state law, and disputed facts surrounding his conduct once Garofalo became intoxicated and passed out, the court ruled summary judgment in Diehl's favor would be inappropriate. This appeal by Edward and Monica Garofalo followed.
IV. Arguments on Appeal
Appellants pose a three-part challenge to the district court's dismissal of their claims against the national fraternity, its Iowa chapter, and Tim Reier. First, they claim the court erred by failing to hold the Iowa chapter responsible for Garofalo's intoxication and death. Second, they contest the court's refusal to recognize the national fraternity's duty of care to Matt Garofalo and its breach. And, third, they cite error in the court's refusal to hold Reier, and other members of the chapter, accountable for Garofalo's care once he became helpless and unable to adequately protect himself. We shall consider the arguments in turn.
A. Duty of Iowa chapter concerning consumption of alcohol. Appellants' first point rests on a theme repeated throughout this appeal—that a "special relationship" exists between a fraternity (local and national) and its members that gives rise to a heightened
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