Originally published January 3, 2011 at 5:24 p.m., updated January 4, 2011 at 1:44 p.m.
A Stilwell man injured during a party at the Phi Gamma Delta (FIJI) house in September has filed a civil lawsuit seeking financial damages against the fraternity.
The suit was filed in Jackson County, Mo., Dec. 29 and lists the national fraternity, the Kansas chapter house and chapter association president David R. Smith as defendants. The suit states that it was filed in Jackson County because it is where Smith conducts the bulk of his business.
Matt Fritzie, a freshman, was life-flighted to the University of Kansas Medical Center for head trauma after diving into a swimming pool at the annual "FIJI Island" party the night of Sept. 17. He was transfered to a Denver-area rehabilitation hospital specializing in spinal cord and traumatic brain injuries later that month.
The lawsuit alleges that the defendants failed to protect Fritzie and other pledges.
The national Phi Gamma Delta fraternity, based in Lexington, Ky., would not comment Tuesday.
Bill Martin, the executive director, said the litigation process was just beginning and that he had "no plans to release a meaningless statement" because he did not yet have sufficient information to respond to.
The Kansas chapter was placed on a two-year suspension by the office of student success after an investigation into hazing.
“After the accident, we were made aware of allegations of activities that could be construed as hazing,” University Relations spokeswoman Jill Jess told The Kansan in September.
According to the University report on its hazing investigation, Fritzie said he was “ordered” to “swan-dive into the pool.”
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