A lawsuit has been brought against a West Virginia fraternity by a former members father, who alleges that his son has permanent brain damage after falling down the stairs and being mocked rather than helped.

The lawsuit states that David M Rusko, a student at West Virginia University and a member of Sigma Alpha Epsilon fraternity, fell down the stairs at one of his fraternities parties.

Rather than help Mr Rusko or call 911, the lawsuit alleges his fraternity brothers took pictures and selfies, posted to social media, and squirted ketchup on the young man, AP reports.

The lawsuit says that video footage shows that Mr Rusko, 22, was struggling to breathe and unresponsive while the party raged on. Help was only called when Mr Rusko was bleeding from his nose and foaming at the mouth, at which point his brain was damaged.

The elder Mr Rusko says his son now requires 24 hour nursing and is permanently paralysed.

The lawsuit also describes the West Virginia chapter of Sigma Alpha Epislon as a “repeat violator” of college rules, laws, and the fraternity’s code of conduct. These alleged violations include serving alcohol to underage students and hosting “unregistered social functions”.

The fraternity house also had unsafe conditions, including steep, narrow stairs without a handrail, according to the lawsuit.

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His father, David A Rusko, filed the lawsuit against Sigma Alpha Epsilon, the fraternity house mother, and at least a dozen students on Wednesday seeking compensation for his son’s injuries and punitive damages.

A fraternity spokesman said: “Sigma Alpha Epsilon Fraternity continues to send our thoughts and prayers to David Rusko and his family." The spokesman denied being served with the lawsuit and declined to comment further.

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