Yost v. Wabash College

3 N.E.3d 509 (2014)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Yost (P), as an 18-year-old freshman at Wabash College (D) and a pledge at the Phi Kappa Psi fraternity, suffered injuries in an incident at the fraternity house in September 2007. P claimed his injuries resulted from a fraternity hazing incident. P is seeking damages from D (the owner and landlord of the fraternity house), the campus local fraternity (Phi Kappa Psi Fraternity - Indiana Gamma Chapter at Wabash College, hereafter the 'local fraternity'), the national fraternity (Phi Kappa Psi Fraternity, Inc.), and Nathan Cravens, one of the fraternity members. D sought summary judgment, asserting: (a) it did not have a duty as a college or as a landlord to protect D from Cravens' alleged negligence or criminal attack; (b) it is not subject to vicariously liability for the actions of any co-defendant; and (c) P's claim for punitive damages fails as a matter of law. P asserted that 'as the lessor, D had a duty to control the conduct of Phi Psi, and its members,' and that 'as the landlord, D had a duty to protect P from reasonably foreseeable tortious and criminal activity.' P also claimed that D assumed a duty to protect P from this incident when it prohibited hazing and responded to the many previous incidents of hazing with disciplinary measures.' P also claimed that D is 'vicariously liable for the actions of Phi Psi's members.' The trial court granted the motion and then ordered entry of final judgments thereon. P appealed, and the Court of Appeals affirmed. This court granted transfer.