After the death of an Arizona State University student, police charged to men with alcohol-related violations. Both men plead not guilty in the death of 18-year old Naomi McClendon.
Incident Details
On March 30, 2014, McClendon attended an unofficial, all-you-can-drink frat party thrown by ASU students who said they were members of the Alpha Epsilon Pi fraternity. The fraternity had been sanctioned in the past for violations and were not officially recognized by the university. Those who attended the party were charged $30 at the door for unlimited alcohol and men who brought three women to the party were admitted free. Later in the evening, McClendon was seen on video entering a high-rise apartment building. She was stumbling and appeared intoxicated as she and her companions entered the apartment lobby. Her companions escorted her to the apartment and then left. Additional video shows McClendon on the balcony, putting her leg over the railing as if to sit on it before losing her balance and falling ten stories. The video shows McClendon attempting to catch herself. She was taken to a local hospital where she died of her injuries.
Arizona Comparative Negligence
Because McClendon was underage and intoxicated, her parents may consider a lawsuit against the young men who have been charged with serving her in connection with her death. Although they may be awarded compensation, there is every likelihood that McClendon’s actions will reduce any monetary award given. Arizona’s comparative negligence law recognizes fault of the injured or deceased party as a defense against compensation. If the plaintiff is found partially or totally at fault, the amount of damages can be reduced by the percentage of fault determined by the courts. Despite the fact that McClendon became intoxicated at the party hosted by the young men who have been charged, she made the decision to straddle the balcony railing when she was under the influence of alcohol and her balance was impaired. It is probable that a judge would assign a large portion of the blame for her death on McClendon.
Fraternity Violations
There is the possibility that some portion of liability could be assigned to the fraternity that held the party. However, the Alpha Epsilon Pi International headquarters reported that recognition had been removed from the Arizona State Chapter in December 2013 due to repeated violations of risk management policies. The charter was revoked and operations ordered to cease. The organization stated that the party attended by McClendon was not sanctioned by the national organization and should be considered a private party. Therefore, McClendon’s parents may be able to recover damages from the students who hosted the party, although it is highly likely that any judgment would be reduced based on McClendon’s comparative negligence in her death.
Comparative negligence laws in Arizona allow judges to assign partial blame for injury or death to the plaintiff in a lawsuit and could result in reduced damages. However, there are defenses available to protect plaintiffs from being found partially or totally at fault. If you have been injured in an accident, or a loved one has died after an accident, even if you or your loved one are partially at fault, contact an experienced lawyer for a free, no-obligation consultation to determine if you have a claim.
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