Brown v. Delta Tau Delta
Annotate this CaseDuring a party hosted by Delta Tau Delta’s (DTD) Gamma Nu chapter at its DTD fraternity house located on the University of Maine’s Orono campus, Plaintiff was sexually assaulted by Joshua Clukey and prevented from leaving his room for several minutes. Plaintiff filed a civil complaint against DTD and Delta Tau Delta National Housing Corporation (DTDNHC), alleging vicarious liability, negligence, negligent infliction of emotional distress, and premises liability. The trial court granted DTD and DTDNHC’s motion to dismiss with respect to the issue of vicarious liability and then granted summary judgment for DTD and DTDNHC on Plaintiff’s remaining claims, concluding that DTD and DTDNHC did not owe Plaintiff a duty of care. The Supreme Judicial Court (1) affirmed dismissal of the vicarious liability claims; (2) vacated summary judgment in favor of DTD on the premises liability claim, holding that DTD had a duty to exercise reasonable care and take reasonable steps to provide premises that are reasonably safe and reasonably free from potential sexual misconduct by its members for all social invitees to chapter-sponsored events; and (3) affirmed summary judgment on the remaining counts. Remanded.
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