Plaintiff vs. Cornell University

Plaintiff vs. Cornell University - Econ 404 rmf34 Plaintiff...

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Econ 404 8/29/2008 rmf34 Plaintiff vs. Cornell University Judge(s): Frederick J. Scullin, Jr. Court: United States District Court, ND, New York (Location, Date): Cornell University, January 1999. Plaintiff : Plaintiff Case Summary : Plaintiff, transferred to Cornell, pledged APA, oldest African American fraternity in the US. Both Cornell and APA prohibited hazing. He was physically beaten, and tortured, coerced and embarrassed. Some of this occurred at the APA house which is owned by Cornell University. Cornell held for: 1 negligent supervision and control, 2 premises liability, and 3 breach of contract. There was a special relationship and this suggests a duty to supervise. 1 is dismissed because of bottom line numbers and there isn’t a duty to supervise. For 2, there is no claim that the physical premises were unsafe. Also, Cornell didn’t know of the activities that were going on, so they couldn’t stop them. There was a history of poor behavior, but there was no evidence that at the time there was
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Unformatted text preview: any reason to believe that at the time of the injuries that there was a high level of concern. To have Cornell know national membership policies would be asking too much. Cornell chapter accepted members without permission from the national organization. Cornell didn’t know that its APA chapter was taking on new members, so there was no reason to expect extra precautions. Cornell was not able to learn of the hazing through the individual, the chapter, the student body, or the national fraternity organization, it’s unfair to impose a duty on the university to protect people against these unknown activities. Because of this lack of knowledge, premises liability cannot be established by law. Defense : Alpha Phi Alpha Fraternity, Cornell University Verdict : Cornell is dismissed from the case. Law and Economics Notes :...
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  • Fall '07
  • HAY
  • Cornell University, Alpha Phi Alpha

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