January 16

Yale fraternity members face lawsuit in fatal tailgate crash

The national fraternity did not back its chapter over the 2011 accident that killed one and injured two.

By Dave Collins
The Associated Press

HARTFORD, Conn. — Dozens of current and former members of a fraternity at Yale University are being sued over a deadly tailgating crash at the 2011 Yale-Harvard football game in New Haven.

A U-Haul truck carrying beer kegs heading to the Sigma Phi Epsilon tailgating area outside the Yale Bowl fatally struck 30-year-old Nancy Barry of Salem, Mass., and injured two other women. Brendan Ross, a Yale student and fraternity member who was driving the truck, entered a probation program that erased the criminal charges against him.

Barry’s family and one of the injured women, Yale student Sarah Short, first sued Ross, the national chapter of Sigma Phi Epsilon, Yale, U-Haul and others, seeking damages for Barry’s death and Short’s injuries.

Those lawsuits remain pending.

The plaintiffs’ lawyers said they filed new lawsuits Dec. 30 against 86 former and current members of the Yale chapter of Sigma Phi Epsilon after the national chapter of the fraternity, based in Richmond, Va., and its insurer disclosed part of their defense – that the national chapter wasn’t responsible for the Yale chapter’s actions, didn’t sanction the tailgating event at the game and its insurance company doesn’t cover non-fraternity events.

The Yale chapter is a voluntary association, is not incorporated or organized in any legal way and is not insured itself, said Paul Edwards, the lawyer for Barry’s estate. He said those facts prompted the lawsuits against former fraternity members, who belonged at the time of the crash, and current members.

Edwards said filing the new lawsuits was “a move that we were forced to take by the defense and the posturing of the national fraternity’s lawyers.”

“They are effectively cutting off its local chapter and members,” Edwards said. “I think that defense is bogus. It’s our claim that what happened at Yale two years ago was very clearly, definitively and obviously a Sigma Phi Epsilon-sponsored fraternity event.”

Jeremy Platek, a White Plains, N.Y., lawyer representing nearly all the past and current Yale chapter members, declined to comment on the lawsuit Wednesday.

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