Garza v. Delta Tau Delta Fraternity National

916 So.2d 185 (1st Cir. 2005)

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Nature of the Case

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Facts

Garza (P), a twenty-one-year-old student at Southeastern University in Hammond, committed suicide by hanging herself in her parents' Baton Rouge home. She left behind a hand-written, three-page suicide note, written on front and back, dated '04/08/01 Sunday 12:30.' Ps filed suit against Delta Tau Delta National Fraternity (Ds). Ps allege defendant Paul Upshaw (D), a member of Fraternity, raped Courtney on February 6, 2001, at an off-campus residence. The Garzas allege SLU failed to supervise the activities of the Fraternity and failed to provide adequate crisis intervention to Courtney. Ds filed motions in limine seeking to exclude the suicide note as inadmissible hearsay. The trial court signed a judgment, denying in part Ds' motions in limine. The last part of the note containing farewells was stricken, as the trial court found the unfair prejudicial effect of that part of the note outweighed its probative value. However, the remainder of the suicide note was declared admissible as a dying declaration. Ds filed an application for supervisory review.