Learners will read the case summary Bogenberger v. Pi Kappa Alpha Corporation, Inc. on page 139-140 (138). After reading the case, learners will submit a 3 paragraph response detailing the following:

1. Whether they agree with the courts finding the Pi Kappa Alpha may be negligent in the hazing death of David Bogenberger.

2. Whether they believe that the outcome would have been different if the fraternity members had recruited sorority women to participate in the hazing by filling the pledges cups with vodka and directing them to drink.

3. Respond to the What if the Facts were Different question at the end of the case summary

Amor

Case 5.2 Bogenberger v. Pi Kappa Alpha Corporation, Inc. Facts David Bogenberger attended a pledge event at the Pi Decision Yes. The Illinois Supreme Court aftimed the interme- Kappa Alpha fraternity house at Northern Illinois University (NU) diate appellate court's reversal of the trial court's dismissal. The The NIU Chapter officers planned an evening of hazing during plaintiff's complaint may proceed against the NIU Chapter which the pledges were required to consume vodka provided by fand its officers the members By the end of the night, David's blood alcohol level Reason Each of us owes a duty of care to others to guard was more than five times the legal limit. He lost consciousness against injuries that are a reasonably foreseeable consequence The NIU Chapter officers failed to seek medical attention David of our acts. The court reasoned that an injury due to hazing is died during the night His father, Gary, filed a complaint in an reasonably foreseeable. This is indicated by the existence of nois state court against the NIU Chapter and its officers, ons theory of negligence. The plaintiff alleged that the defendants and the national Pi Kappa Alpha organization's policy against state haring statutes, including illinois's, the university's rules, repaired the pledges, including David, to participate in the pledge hazing. At hazing events involving the consumption of large event and to consume excessive and dangerous amounts of alco hol in violation of the state's hazing statute " The court dismissed of the burden of guarding against such injuries is small. In this amounts of alcohol, injuries are likely to occur. The magnitude the complaint. A state intermediate appellate court reversed the dismissal. The defendants appealed to the Illinois Supreme Court officers to comply with the law, and the university's and frater case, then, it is reasonable to require the NIU Chapter and its Issue Did the NIU Chapter and its officers owe a duty of care to nity's rules. It is further reasonable to place the consequences of the pledges, including David, during the hazing event? that burden on the same parties--those who planned and car- ried out the pledge event Thus the NIU Chapter and the offi- cers owed a duty to the pledges, including David, and plaintiff has sufficiently alleged a claim for negligence against them