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Risk Management - Hazing & etc. This forum covers Risk Management topics such as: Hazing, Alcohol Abuse/Awareness, Date Rape Awareness, Eating Disorder Prevention, Liability, etc.


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  #1  
Old 10-07-2017, 03:46 PM
ChioLu ChioLu is offline
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OU Beta Theta Pi chapter accused of hazing

https://www.cbsnews.com/news/univers...r-son/?ref=yfp
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  #2  
Old 10-07-2017, 05:16 PM
Kevin Kevin is offline
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The Plaintiff's timeline doesn't match up with the known timeline. He states he was injured on October 12th at the chapter house. The entire chapter, including him were at Dallas for OU-Texas on that date. There are other inconsistencies. I think the Plaintiff has an uphill battle here.

The two year delay in filing is because of the statute of limitations in Oklahoma. There has undoubtedly been significant negotiation up to this point. If this goes to trial, it'll be watched closely by FSL organizations.

And legal types, you'll just this once have something to be jealous that Oklahoma has and your state does not--a free court docketing system with scans available to the public at no expense. You'll be able to track every court date and read every pleading with attachments here:

http://www.oscn.net/dockets/GetCaseI...2&cmid=3089754
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  #3  
Old 10-08-2017, 03:14 PM
PhilTau PhilTau is offline
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Serious case brought by a serious litigation firm that knows the insurance industry.
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  #4  
Old 10-08-2017, 04:38 PM
ChioLu ChioLu is offline
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More from ABC news:
http://abcnews.go.com/US/student-sue...ry?id=50336145
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  #5  
Old 10-08-2017, 06:25 PM
Kevin Kevin is offline
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Whoa.. so they filed VERY close to the time this case would be past the statute of limitations. Depending on the day these events are going to be alleged to have occurred on, this thing may be DOA as Oklahoma's statute of limitations for all of the causes of action listed in the Petition are tolled at 2 years. This case was filed on 9-29-17.

From the look of the Plaintiff's firm, they mostly handle insurance defense and a lot of medical malpractice. They even have a full time M.D. on staff to handle medical issues and pick experts. Should be interesting.
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Old 10-09-2017, 04:01 PM
JLCo JLCo is offline
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It is highly likely that somewhere in those medical records, the plaintiff is going to state the date of injury. It they are trying to move that date back I think the courts will look at that as just an effort to avoid the statute of limitations. If this is the case, then I think it is a straight forward case and will get dismissed. Unless they just settle to avoid the bad PR.

ALso of note is that if he suffered from memory loss associated with post-concussion syndrome and the other symptoms such as headaches, blurred vision, etc- you would likely see an immediate drop in his grades. So, an immediate drop in grades could help pinpoint the date of injury. The defense could argue the statute of limitations based on this analysis. If they use this analysis to help establish the date of injury and that date is within the statute of limitation, then this analysis would also serve to substantiate his claim of injury happening during the time period that rush was going on (which would support his claim of how the injury happened).

If he documented the injury as he is claiming in his lawsuit in the early medical records (and they filed before the expiration of the statute of limitations), I think it quite likely that he will prevail.

The ABC article also states he has been diagnosed with bipolar disorder, implying the condition was caused by the head injury. Again, medical records will show whether or not he had a documented history of any mental illness issues prior to the alleged incident. If his medical records show he was not symptomatic for any head injury issues prior to the alleged incident I think that would also be in his favor of prevailing. However, each side will have to bring in their medical experts to try to prove that the BP was caused by traumatic brain injury.
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