No one looks good in this one. Not the fraternity, not USC, not SAE, not the USC students. No one.
"Several fraternities and sororities affiliated with USC
occupy houses in an area near the USC campus known as Greek
Row, including a chapter of Sigma Alpha Epsilon Fraternity. On October 10, 2013, the day of a home football game, several
fraternities, including Cal. Gamma, held parties on Greek Row
where alcohol was served. The street was crowded with
partygoers. . . .
USC’s Policy on Alcohol and Other Drugs required
fraternities and sororities to obtain prior authorization to serve
alcohol at social events. USC’s Social Events Policy prohibited
parties after 10 p.m. on evenings preceding school days, and
allowed parties only between Fridays at 3:00 p.m. and Sundays
at 5:00 p.m. Cal. Gamma’s party on Thursday, October 10, 2013,
was unauthorized and violated both of these policies. USC was
aware of prior violations of university policy and other
misconduct at Cal. Gamma, some involving the use of alcohol,
and had recently issued warnings and imposed discipline on the
fraternity.
USC’s Department of Public Safety (DPS) employed safety
officers who patrolled the USC campus and Greek Row. On
October 10, 2013, before Barenborg’s injury, two DPS officers
visited Cal. Gamma several times in response to complaints of
loud music and public drinking. On each visit, they saw an
abundance of alcohol on the property. They asked the person in
charge at Cal. Gamma to turn down the music and reminded him
that public drinking was not allowed, but they did not shut down
the party. The two officers were not aware of USC’s policy
prohibiting parties on Thursdays and generally were untrained in the enforcement of USC’s policies governing alcohol use and
social events.
Barenborg was a 19-year-old student at Loyola Marymount
University at the time of her injury. On October 10, 2013, she
visited parties on Greek Row with a group of friends. Barenborg
consumed cocaine and five to seven alcoholic beverages before
arriving at Cal. Gamma, and she continued drinking alcohol after
she arrived there. . . .
A platform
approximately seven feet tall constructed from tables was being
used for dancing.
Barenborg and two female friends were stepping up onto
the platform where USC student Hollis Barth and another
woman were dancing when Barth gave them an unwelcoming
look. Just as Barenborg and one of her friends reached the top of
the platform, Barth bumped Barenborg and her friend off the
platform, they fell to the ground, and Barenborg sustained
serious injuries."
The injured Loyola student sued USC. The trial court denied USC's motion for summary judgment. The Court of Appeal grants a writ and reverses. No duty.
