85 Yale frat members included in suit over death, injury at 2011 Harvard game

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A total of 85 members of Sigma Phi Epsilon fraternity at Yale University are scheduled to face trial in the death and injuries suffered during a tailgating party before the Yale-Harvard football game on Nov. 19, 2011, a judge has ruled.

The accident occurred when Brendan Ross, driving a U-Haul truck filled with beer kegs, accelerated into a crowd in a Yale Bowl parking lot. The estate of Nancy Barry, who was 30 when she died, and Sarah Short, who was severely injured, filed the suit in 2014.

Judge Kari Dooley at Superior Court in Waterbury previously had ruled that the national fraternity is a party to the suit. The case is on the complex-litigation docket in Waterbury’s court.

The U-Haul was headed to a tailgate party held by the Connecticut Delta chapter of the fraternity, known as SigEp. Large trucks and kegs since have been banned from Yale athletic events.

“The issues which must be decided in these motions for summary judgement, is, under what circumstances, if any, are the individual members of a voluntary unincorporated association liable for the negligent acts of another member, when those negligent acts occur while in the course of performing acts at the behest of the association and in furtherance of the association’s interests and affairs,” Dooley wrote in her Sept. 16 ruling.

The defendants argue that “an individualized approach to each member is required” to be included in the suit and that “membership alone is insufficient, as a matter of law, to impose vicarious liability by and between members for the negligent acts of another,” the judge wrote.

The plaintiffs argue that “principles of agency” apply, in which the actions of one member apply to the entire group that Ross is associated with.

New Haven and Yale Police investigate the scene of an accident Nov. 19, 2011, at Yale Bowl before the Yale-Harvard football game. New Haven and Yale Police investigate the scene of an accident Nov. 19, 2011, at Yale Bowl before the Yale-Harvard football game. Photo: Peter Hvizdak — New Haven Register File Photo Photo: Peter Hvizdak — New Haven Register File Photo Image 1 of / 3 Caption Close 85 Yale frat members included in suit over death, injury at 2011 Harvard game 1 / 3 Back to Gallery

Dooley noted that “the difficulty in deciding this issue derives from the formless amorphous nature of a voluntary unincorporated association,” without legal status.

She relied on state statutes and state law and summarized that, “While our appellate courts have never addressed the issue, this court concludes that there are circumstances under which individual members of an unincorporated association may be held vicariously liable for the negligent acts of another member.” However, Dooley added, “In order to be vicariously liable, the individual member must have authorized, approved, actively participated in, aided and abetted or ratified the events and conduct giving rise to injury.”

Dooley specifically denied Patrick Dolan’s motion for summary judgment because he, as president of the chapter, rented the U-Haul “and was otherwise actively engaged in the planning and execution of the tailgate function.”

However, she also wrote that the other defendants were either members of the executive board of SigEp, officers planning the tailgate, present in the cab or rear of the U-Haul or participants in the tailgate itself.

The case is schedule for jury selection beginning Dec. 14.

Ross agreed to a plea deal in the case and received accelerated rehabilitation and community service, avoiding prison time and a criminal record. He pleaded guilty to driving unreasonably fast and unsafe starting. He was not judged to be inebriated at the time of the accident.

Attorneys for the plaintiffs and for the defendants could not immediately be reached for comment.