Tucker Hipps family files wrongful death lawsuit

The family of Tucker Hipps filed a wrongful death lawsuit Monday against Hipps' fraternity, three fraternity brothers and Clemson University seeking $25 million in damages stemming from his September death.

The lawsuit contends that a fraternity brother had a confrontation with Hipps just before the Clemson freshman "went over the railing of the bridge into the shallow waters of Lake Hartwell head first." The suit alleges a cover-up by Hipps' fraternity brothers in the aftermath of his disappearance and the discovery of his body that afternoon in Lake Hartwell near the State 93 bridge.

"Tucker Hipps's death was a senseless and avoidable tragedy," Hipps' parents Gary and Cynthia said in a statement.

"The culture of hazing and inappropriate conduct by social fraternities must be stopped. Universities and fraternities must make change from within to protect their own. Cynthia and Gary Hipps have filed these lawsuits in the hopes that change will happen and that no other parent will feel the pain that they have been forced to endure. Tucker lost his life, but we must not let it be in vain.

Clemson University spokeswoman Cathy Sams said, "Although we haven't yet been served, we are aware that it has been filed. It is university practice not to comment on pending litigation."

None of the other defendants could be reached for comment late Monday.

The lawsuit doesn't detail how Hipps ended up in the water but alleges at least one of the fraternity members knew Hipps had gone over the railing and shined a cell phone light into the dark waters below.

The lawsuit was filed in Pickens County and names three of Hipps' fraternity brothers, the Sigma Phi Epsilon fraternity, the Clemson chapter of the fraternity and Clemson University as defendants.

The suit names Clemson students and Sigma Phi Epsilon brothers Thomas Carter King, Campbell T. Starr and Samuel Quillen Carney as individual defendants. Those three organized the morning run on the day of Hipps' death, the suit says. Starr led the run and King brought up the rear, the suit says.

























































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Jennifer Spragins Burnett, the Hipps' attorney, said she hasn't taken depositions from the students named as defendants but gathered information from other students and sources she wouldn't name to piece together the scenario described in the lawsuit.

Hipps, 19, was pledging to Sigma Phi Epsilon fraternity and was elected pledge class president, according to the suit. He was last seen alive during an early-morning run with fraternity members on Sept. 22. His body turned up in Lake Hartwell that afternoon.

The lawsuit lays out details of an early morning gathering and subsequent confrontation between Hipps and fraternity brothers.

Hipps had been told to bring enough biscuits, hash browns and chocolate milk for 30 fraternity members to a gathering of Sigma Phi Epsilon at Donaldson Hall at 5:30 a.m. He either forgot or didn't have the money to bring breakfast before the group set out on its pre-dawn run, the suit says.

According to the lawsuit, King ran behind the group to make sure no one fell behind. King, according to the suit, received a phone call from another fraternity member who was "pissed off" that the pledges hadn't provided breakfast as instructed.

King confronted Hipps on the bridge about the pledges' failure to bring breakfast, the suit says. Then, Hipps went over the bridge and into the lake, the suit alleges.

The suit cites a long tradition that existed among members of the local chapter of Sig Ep of "requiring, pressuring, encouraging and forcing" pledges to jump off bridges into the lake and swim to shore.

The suit contends that King shined the flashlight on his cell phone into the water looking for Hipps and then called Starr. It's not known what conversation took place, the suit said, but Starr would later tell police that he knew about the pledges' failure to provide breakfast and that "Tucker would be held responsible."

The fraternity brothers ran across the bridge, crossed to the other side and ran across the other span of bridge and back to campus, but King stayed on one side of the bridge and continued to shine his flashlight looking for Tucker, the suit says.

Later, King gave a lecture to the fraternity, saying it would be disappointing if one of the fraternity brothers fell behind, that they should act as a unit and that the morning run was not hazing.

Later that morning, fraternity members began to call and drive around looking for Hipps.

One pledge texted Hipps' girlfriend Katie Clouse and told her Hipps had been spotted in the library. He later sent a group text that the message to Katie should "help (them) buy time."

The suit alleges that fraternity members deleted group messages, that King attempted to delete phone calls and that Starr attempted to delete phone calls and then switched phone numbers during the investigation.

Toxicology reports, released as part of the lawsuit, came back clean, but the suit alleges that Hipps was in no condition to take the morning run because fraternity brothers had called him several times during the night and then he had to wake early to take part in the run.

The lawsuit was filed by White, Davis and White Law Firm of Anderson. The firm is representing the Hipps family, said attorney Trevor White.

The suit says that fraternity brothers had emailed Clemson to ask permission to hold the morning run but never heard back.

It cites the university as responsible for the negligent acts of its employees and says the early morning run was against Clemson and the national Sig Ep fraternity's hazing policies.

The suit contends that Clemson should have communicated with the fraternity to tell them the morning run was not allowed.

It says Clemson failed to provide education and training about policies to the fraternity, failed to suspend the fraternity immediately when it learned of conduct violations and failed to enforce its policites to protect pledges.

South Carolina tort law protects Clemson University's financial liability, so it couldn't be required to pay the $25 million, said Burnett, the Hipps attorney.

As to how much damages might be paid and by whom, "That would be up to the fine members of a potential jury in Pickens County," she said.